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STATE  OF  WASHINGTON 


GENERAL  ELECTION  LAWS 


COMPILED  BY 

SAM  H.  NICHOLS, 

SECRETARY  OF  STATE. 

1905 


PUBLISHED    BY   AUTHORITY, 


INDEXED. 


OLYMPIA,  WASH.: 

C.  W.  GORHAM,  PUBLIC  PRINTER, 

1905. 


STATE  OF  WASHINGTON. 


GENEKAL  ELECTION  LAWS 


COMPILED  BY 

SAM  H.  NICHOLS, 

SECRETARY  OF  STATE. 

19O5 


PUBLISHED    BY   AUTHORITY 


INDEXED. 


OLYMPIA,  WASH.: 

C.  W.  GORHAM,  PUBLIC  PRINTER. 

1905. 


•       *  *    c   *     *        * 

•  V   2  /  ;  '..' 


•     •  ^  « * ' 


GENERAL  ELECTION  LAWS  OF  THE  STATE 
OF  WASHINGTON. 


1.  Qualifications  of  Electors. 

All  male  persons  of  the  age  of  twenty-one  years,  possessing 
the  following  qualifications,  shall  be  entitled  to  vote  at  all  elec- 
tions :  All  persons  who  at  the  time  of  the  taking  effect  of  this 
act  are  qualified  electors  of  this  state;  all  other  male  persons 
who  are  over  the  age  of  twenty-one  years,  citizens  of  the  United 
States,  who  have  lived  in  the  state  one  year  and  in  the  county 
ninety  days  and  in  the  city,  town,  ward  or  precinct  thirty  days 
immediately  preceding  the  election  at  which  they  offer  to  vote, 
and  who  shall  be  able  to  read  and  speak  the  English  language : 
Provided,  That  Indians  not  taxed  shall  never  be  allowed  the 
elective  franchise.  (L.  '01,  Sec.  1,  p.  284.) 

2.  Residents — Who  Are. 

For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  ab- 
sence while  employed  in  the  service  of  the  United  States,  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  territory, 
or  of  the  United  States,  or  of  the  high  seas ;  nor  while  a  student 
of  any  seminary  of  learning,  nor  while  kept  at  any  almshouse 
or  other  asylum,  nor  while  confined  in  any  public  prison,  ex- 
cepting when  serving  out  a  sentence  in  the  penitentiary  for  an 
infamous  crime.  (L.  '66,  Sec.  2,  p.  25.) 

3.  Who  Disqualified. 

~No  idiot,  or  insane  person,  or  persons  convicted  of  an  in- 
famous crime,  shall  be  entitled  to  the  privilege  of  an  elector. 
(L.  '66,  Sec.  3,  p.  25.) 

257175 


. 

4  Election  Laws  of  the  State  of  Washington. 

4.  Absence  on  Business. 

Absence  from  the  territory,  on  business,  shall  not  affect  the 
question  of  residence  of  any  person:  Provided,  The  right  to 
vote  has  not  been  claimed  or  exercised  elsewhere.  (L.  '66, 
Sec.  4,  p.  25.) 

5.  Infamous  Crime. 

A  crime  shall  be  deemed  infamous  which  is  punishable  by 
death  or  imprisonment  in  the  penitentiary.  (L.  '66,  Sec.  5, 
p.  25.) 

TIME  AND  MANNER  OF  HOLDING  ELECTIONS. 


6.  Election   of   Presidential  Electors. 

On  the  Tuesday  next  after  the  first  Monday  of  November, 
in  the  year  eighteen  hundred  and  ninety-two,  and  on  the  same 
day  of  every  fourth  year  thereafter,  there  shall  be  elected  by 
the  qualified  electors  of  the  State  of  Washington,  as  many  elect- 
ors of  president  and  vice-president  of  the  United  States  as  this 
state  may  be  entitled  to  elect  of  senators  and  representatives  in 
Congress.  (L.  '91,  Sec.  1,  p.  364.) 

7.  Votes,   How  to  Be  Received,  Returned,   Canvassed,  Etc. 

The  votes  for  the  electors  shall  be  given,  received,  returned 
and  canvassed  as  the  same  are  given,  returned  and  canvassed 
for  members  of  congress.  The  Secretary  of  State  shall  prepare 
three  lists  of  the  names  of  the  electors  elected  and  affix  the 
seal  of  the  state  to  the  same.  Such  lists  shall  be  signed  by  the 
Governor  and  Secretary  of  State,  and  by  the  latter  delivered 
to  the  college  of  electors  at  the  hour  of  their  meeting,  pre- 
scribed in  section  three  hundred  and  forty-nine  of  this  volume 
of  General  Statutes.  (L.  '91,  Sec.  2,  p.  364.) 

8.  Electors  to  Meet,  When,  Etc. 

The  electors  of  president  and  vice-president  shall  convene 
at  the  seat  of  government  on  the  first  Wednesday  of  December 


Election  Laws  of  the  State  of  Washington. 


next  after  their  election  at  the  hour  of  twelve  of  the  clock,  at 
noon  of  that  day,  and  if  there  shall  be  any  vacancy  in  the  office 
of  an  elector  occasioned  by  death,  refusal  to  act,  neglect  to  at- 
tend, or  otherwise,  the  electors  present  shall  immediately  pro- 
ceed to  fill,  by  viva  voce  and  plurality  of  votes,  such  vacancy ; 
and  when  all  of  the  electors  shall  appear,  or  the  vacancies,  if 
any,  shall  have  been  filled  as  above  provided,  such  shall  consti- 
tute the  college  of  electors  of  the  State  of  Washington,  and 
shall  proceed  to  perform  the  duties  required  of  them  by  the 
constitution  and  laws  of  the  United  States.  (L.  '91,  Sec.  3, 
p.  365.) 

[This  conflicts  with  the  act  of  congress  on  the  same  subject,  which 
provides  "That  the  electors  of  each  state  shall  meet  and  give  their  votes 
on  the  second  Monday  in  January  next  following  their  appointment,  at 
such  place  in  each  state  as  the  legislature  of  such  state  shall  direct." 
Act  of  February  3,  1887,  24  Stat.  L.] 

9.  Compensation  of  Electors. 

Every  such  elector  who  shall  attend  at  the  time  and  place 
appointed,  and  give  his  vote  for  president  and  vice-president, 
shall  be  entitled  to  receive  from  this  state  five  dollars  for  each 
day's  atendance  at  such  meeting  of  the  college  of  electors,  and 
ten  cents  per  mile  for  travel  in  going  to  and  returning  from  the 
place  where  the  electors  shall  meet,  on  the  usually  traveled 
route.  (L.  '91,  Sec.  4,  p.  365.) 

10.  Biennial  Elections  to  Be  Held — Day  of  Election. 

The  election  of  legislative,  district,  county  and  precinct 
officers  in  this  state  shall  be  held  on  the  Tuesday  following  the 
first  Monday  of  November,  Anno  Domini  eighteen  hundred 
and  eighty-two,  and  thereafter  biennially  on  the  Tuesday  next 
following  the  first  Monday  in  November ;  and  all  elective  state, 
legislative,  district,  county  and  precinct  officers  shall  hereafter 
be  elected  at  the  times  herein  specified.  (L.  '81,  Sec.  13,  p.  3*5.) 

11.  Special  Elections  Defined. 

Special  elections  are  such  as  are  held  to  supply  vacancies  in 
any  office,  whether  the  same  be  filled  by  the  qualified  electors 


6  Election  Laws  of  the  State  of  Washington. 

of  the  state  or  any  district,  county,  or  township,  and  may  be 
held  at  such  time  as  may  be  designated  by  the  proper  officer. 
(L.  '66,  Sec.  2,  p.  27.) 

12.  Governor  to  Issue  Proclamation. 

It  shall  be  the  duty  of  the  Governor,  at  least  sixty  days  be- 
fore any  general  election,  to  issue  his  proclamation,  designating 
the  offices  to  be  filled  by  the  state  at  large  at  such  election,  and 
to  transmit  a  copy  thereof  to  the  county  auditor  of  each  county. 
(L.  '66,  Sec.  4,  p.  27.) 

13.  Form  of  Election  Notice. 

It  shall  be  the  duty  of  each  county  auditor  to  give  at  least 
thirty  days'  notice  of  any  general  election  and  at  least  fifteen 
days  previous  to  any  special  election  by  posting  or  causing  to 
be  posted  up,  at  each  place  of  holding  election  in  the  county, 
a  written  or  printed  notice  thereof;  said  notice  to  be  as  cir- 
cumstances will  admit,  as  follows :  Notice  is  hereby  given  that 
on  the day  of next,  at ,  in  the district  or  pre- 
cinct of  -  — ,  in  the  county  of -,  an  election  will  be  held  for 

state,  county,  town  or  district  officers  (naming  the  offices  to 
be  filled,  as  the  case  may  be),  which  election  will  be  opened  at 
nine  o'clock  in  the  morning  and  will  continue  until  seven 
o'clock  in  the  afternoon  of  the  same  day.  Dated  this  — 
day  of  -  — ,  A.  D.  19 — .  A.  B.  county  auditor.  (L.  '66, 
Sec.  6,  p.  27.) 

14.  Appointment  of  Election  Officers. 

It  shall  be  the  duty  of  the  county  commissioners,  at  their 
regular  session  held  previous  to  the  day  of  holding  the  general 
election,  to  appoint  for  each  precinct,  from  the  qualified  elect- 
ors of  said  precinct,  one  inspector  and  two  judges,  who  shall 
constitute  a  board  of  judges  of  election.  In  case  said  board 
be  not  appointed  for  any  precinct  by  the  board  of  county  com- 
missioners, as  specified  in  this  section,  or  those  appointed  in 
accordance  with  this  section  shall  not  be  present  at  the  place 
designated  by  the  county  commissioners  in  a  precinct  for 


Election  Laws  of  the  State  of  Washington.  7 

holding  the  polls  at  the  hour  to  open  the  polls,  the  electors 
present  may  appoint  a  board  of  judges  for  such  precinct. 
(L.  '66,  Sec.  2,  p.  30.) 

15.  Appointment  of  Clerks  of  Election. 

The  inspector  and  judges  for  each  precinct  having  more 
than  one  hundred  voters  shall,  before  the  time  of  opening  the 
polls,  appoint  two  suitable  persons  to  act  as  clerks,  who  shall 
be  qualified  electors:  Provided,  That  in  precincts  having 
less  than  one  hundred  voters  the  said  judges  shall  keep  a  tally 
of  the  voters  voting  at  said  election,  and  shall  perform  all  of 
the  duties  pertaining  to  and  required  to  be  performed  by  the 
clerks  of  elections:  And  provided  further,  That  each  of  the 
recognized  political  parties  may  have  one  challenger  at  the 
polls  of  each  voting  precinct.  (L.  '95,  Sec.  1,  p.  386.) 

1 6.  Oath  of  Election  Officers,  How  to  Be  Administered. 

The  inspector,  judges  and  clerks  aforesaid  shall,  before 
entering  upon  the  duties  of  their  offices,  severally  take  and  sub- 
scribe the  oath  or  affirmation  hereinafter  directed,  which  shall 
be  administered  to  them  by  any  person  authorized  to  ad- 
minister oaths,  but  if  no  such  person  be  present,  the  inspector 
shall  administer  the  same  to  the  judges  and  clerks,  and  one 
of  the  judges  shall  administer  the  oath  to  the  inspector.  (L. 
'66,  Sec.  4,  p.  31.) 

17.  Oath  of  Inspector. 

The  following  shall  be  the  form  of  the  oath,  or  affirmation, 
to  be  taken  by  each  inspector:  I,  A  B,  do  swear  (or  affirm) 
that  I  will  duly  attend  the  ensuing  election  during  the  con- 
tinuance thereof  as  an  inspector,  and  that  I  will  not  receive 
any  ticket  or  vote  from  any  person  other  than  such  as  I  shall 
firmly  believe  to  be  according  to  the  provisions  of  the  laws  of 
this  state  entitled  to  vote  at  such  election  without  requiring 
such  evidence  of  the  right  to  vote  as  is  directed  by  law;  nor 
will  I  vexatiously  delay  or  refuse  to  receive  any  vote  from  any 
person  whom  I  shall  believe  to  be  entitled  to  vote  as  aforesaid ; 


8  Election  Laws  of  the  State  of  Washington. 

but  that  I  will  in  all  things  truly,  impartially  and  faithfully 
perform  my  duty  therein  to  the  best  of  my  judgment  and  abili- 
ties ;  and  that  I  am  not  directly  or  indirectly  interested  in  any 
bet  or  wager  on  the  result  of  this  election.  (L.  '66,  Sec.  5, 
p.  31.) 

18.  Oath  of  Judges. 

The  following  shall  be  the  oath  or  affirmation  of  each 
judge:  We,  A  B,  do  -  that  we  will  as  judges  duly  at- 
tend the  ensuing  election  during  the  continuance  thereof  and 
faithfully  assist  the  inspector  in  carrying  on  the  same;  that 
we  will  not  give  our  consent  that  any  vote  or  ticket  shall  be 
received  from  any  person  other  than  such  as  we  firmly  believe 
to  be  according  to  the  law  of  the  state  entitled  to  vote  at  such 
election;  and  that  we  will  make  a  true  and  perfect  return  of 
the  said  election,  and  will  in  all  things  truly,  impartially  and 
faithfully  perform  our  duty  respecting  the  same  to  the  best 
of  our  judgment  and  abilities;  and  that  we  are  not  directly 
or  indirectly  interested  in  any  bet  or  wager  on  the  result  of 
this  election.  (L.  '66,  Sec.  6,  p.  31.) 

19.  Oath  of  Clerks. 

The  following  shall  be  the  form  of  the  oath  to  be  taken 
by  the  clerks,  viz. :  We,  and  each  of  us,  A  B,  do  —  -  that 
we  will  impartially  and  truly  write  down  the  name  of  each 
elector  who  shall  vote  at  the  ensuing  election,  and  also  the 
name  of  the  county  and  precinct  wherein  such  elector  resides ; 
and  carefully  and  truly  write  down  the  number  of  votes  that 
shall  be  given  for  each  candidate  at  the  election  as  often  as 
his  name  shall  be  read  to  us  by  the  inspector  thereof,  and  in 
all  things  truly  and  faithfully  perform  our  duty  respecting 
the  same  to  the  best  of  our  judgment  and  abilities;  and  that 
we  are  not  directly  or  indirectly  interested  in  any  bet  or 
wager  on  the  resul  of  this  election.  (L.  '66,  Sec.  7,  p.  32.) 

20.  Oaths  to  Be  Certified  by  Person  Administering  Same,  and  Returned. 

It  shall  be  the  duty  of  the  county  auditor  to  make  out  two 
copies  of  each  of  the  said  oaths  or  affirmations  for  each  elec- 


Election  Laws  of  the  State  of  Washington.  9 

tion  precinct,  which  shall  be  severally  subscribed  by  the  in- 
spector and  judges  and  clerks  in  the  precincts  where  clerks 
are  employed,  and  the  said  oaths  or  affirmations  shall  be  certi- 
fied under  the  hand  of  the  person  by  whom  they  shall  be  ad- 
ministered, and  one  of  the  said  oaths  or  affirmations  shall 
be  placed  with  the  election  returns  to  be  returned  to  the 
county  auditor.  (L.  '95,  Sec.  2,  p.  386.) 

21.    Inspector  to  Be  Chairman. 

The  inspector  shall  be  chairman  of  the  board,  and,  after 
its  organization,  shall  have  power  to  administer  all  necessary 
oaths  which  may  be  required  in  the  progress  of  the  election. 
He  shall  also  have  power  to  fill  any  vacancy  that  may  occur 
in  the  board  of  judges,  or  by  absence  or  refusal  to  serve  of 
either  of  the  clerks,  after  the  polls  shall  have  been  opened. 
(L.  -66,  Sec.  9,  p.  32.) 


BALLOTS  AND  NOMINATION  OF  CANDIDATES. 


22.  Ballots  to  Be  Printed  and  Distributed  at  Public  Expense. 

All  ballots  cast  at  elections  for  public  officers  within  this 
state  (except  school  and  irrigation  district  officers  and  road 
overseers),  shall  be  printed  and  distributed  at  public  expense 
as  hereinafter  provided.  The  printing  of  ballots  and  cards 
of  instruction  for  the  electors  in  each  county,  and  the  delivery 
of  the  same  to  the  electron  officers,  as  hereinafter  provided, 
shall  be  a  county  charge,  the  payment  of  which  shall  be  pro- 
vided for  in  the  same  manner  as  the  payment  of  other  county 
expenses;  but  the  expense  of  printing  and  delivering  the  bal- 
lots shall,  in  the  case  of  municipal  elections,  be  a  charge  upon 
the  city  or  town  in  which  such  election  shall  be  held.  (L. 
'90,  Sec.  1,  p.  400.) 

23.  Candidates  for  Office,  How  Nominated. 

Any  convention,  primary  meeting,  or  primary  election, 
as  hereinafter  defined,  held  for  the  purpose  of  making  nom- 


10  Election  Laws  of  the  State  of  Washington. 

inations  for  public  office,  and  also  electors  to  the  number  here- 
inafter specified,  may  nominate  candidates  for  public  office, 
to  be  filled  by  election  within  the  state.  A  convention,  or 
primary  meeting,  within  the  meaning  of  this  chapter,  is  an 
organized  assemblage  of  electors  or  delegates,  representing  a 
political  party  or  principle;  and  a  primary  election  is  a  le- 
gally conducted  election  for  the  nomination  of  candidates 
for  public  office.  (L.  '90,  Sec.  2,  p.  400.) 

24.  Nominations,  How  to  Be  Certified. 

All  nominations  made  by  such  convention,  primary  meet- 
ing, or  primary  election,  shall  be  certified  as  follows:  The 
certificate  of  nomination,  which  shall  be  in  writing,  shall  con- 
tain the  name  of  each  person  nominated,  his  residence,  his 
business,  his  address,  and  the  office  for  which  he  is  named, 
and  shall  designate  in  not  more  than  five  words  the  party  or 
principle  which  such  convention,  primary  meeting  or  primary 
election  represents,  and  it  shall  be  signed  by  the  presiding 
officer  and  secretary  of  such  convention,  or  primary  meeting, 
or,  in  case  of  a  primary  election,  by  one  of  the  judges  and  the 
clerk  thereof,  who  shall  add  to  their  signatures  their  respec- 
tive place  of  residence,  their  business,  and  addresses.  Such 
certificate  made  out  as  herein  required  shall  be  delivered  by 
the  secretary  or  president  of  such  convention  or  primary 
meeting,  clerk  or  judge,  of  the  primary  election,  to  the  Secre- 
tary of  State,  or  the  clerk  of  the  board  of  county  commis- 
sioners, as  hereinafter  required.  (L.  '90,  Sec.  3,  p.  400.) 

25.  Filing  of   Certificates  of  Nomination. 

Certificates  of  nomination  of  candidates  for  offices  to  be 
filled  by  the  electors  of  the  entire  state,  or  of  any  division  or 
district  greater  than  a  county,  shall  be  filed  with  the  Secre- 
tary of  State.  Certificates  of  nomination  for  county  and 
precinct  officers  shall  be  filed  with  the  clerks  of  the  boards  of 
county  commissioners  of  the  respective  counties  wherein  the 
officers  are  to  be  elected.  Certificates  of  nomination  for  mu- 
nicipal offices  shall  be  filed  with  the  clerks  of  the  respective 


Election  Laws  of  the  State  of  Washington.  11 

municipal  corporations  wherein  the  officers  are  to  be  elected. 
The  certificate  of  a  nomination  for  an  office  in  a  district  com- 
posed of  more  than  one  county  shall  be  filed  in  the  offices  of 
the  clerks  of  the  boards  of  county  commissioners  of  all  the 
counties  to  be  represented  by  such  joint  officer  or  member. 
(L.  '90,  Sec.  4,  p.  401.) 

26.  Candidates,    How    Nominated    Otherwise    Than    by    Convention    or 

Primaries. 

Candidates  for  public  office  may  be  nominated  otherwise 
than  by  convention  or  primary  meeting,  or  primary  election, 
in  the  manner  following:  A  certificate  of  nomination  con- 
taining the  name  of  the  candidate  for  the  office  to  be  filled, 
with  such  information  as  is  required  to  be  given  in  certificates 
provided  for  in  section  365  of  volume  I,  Hill's  Annotated  Codes 
and  Statutes  of  Washington,  shall  be  signed  by  electors  resid- 
ing within  the  district  or  political  division  in  and  for  which 
the  officer  or  officers  are  to  be  elected,  in  the  following  num- 
bers: The  number  of  signatures  shall  not  be  less  than  one 
thousand,  when  the  nomination  is  for  an  office  to  be  filled  by 
the  electors  of  the  entire  state;  and  not  less  than  three  hun- 
dred when  the  election  is  for  an  office  to  be  filled  by  the  elect- 
ors of  a  county,  district  or  other  division  less  than  a  state,  and 
not  less  than  twenty-five  when  the  nomination  is  for  an  office 
to  be  filled  by  the  electors  of  a  township,  precinct  or  ward: 
Provided,  That  the  said  signatures  need  not  all  be  appended 
to  one  paper.  Each  elector  signing  a  certificate  shall  add  to 
his  signature  his  place  of  residence,  his  business  and  his  ad- 
dress. Such  certificate  may  be  filed  as  provided  for  in  sec- 
tion 306  of  volume  I,  Hill's  Annotated  Statutes  and  Codes  of 
Washington,  in  the  same  manner  and  with  the  same  effect  as 
a  certificate  of  nomination  made  by  a  party  convention,  pri- 
mary meeting  or  primary  convention.  (L.  ?95,  Sec.  3,  p. 
387.) 

27.  Nominations  Restricted;    Certificates  to  Contain  One  Name. 

~No  certificate  of  nomination  shall  contain  the  name  of 
more  than  one  candidate  for  each  office  to  be  filled.  No  per- 


12  Election  Laws  of  the  State  of  Washington. 

son  shall  join  in  the  nomination  of  more  than  one  person  for 
each  office  to  be  filled,  and  no  person  shall  accept  a  nomina- 
tion to  more  than  one  office.  (L.  ?90,  Sec.  6,  p.  402.) 

28.  Duty   of  Secretary   of  State   and  Clerk   of    Commissioners — Election 

Precincts 

The  Secretary  of  State  and  the  clerks  of  boards  of  county 
commissioners  of  the  several  counties  and  of  the  several  mu- 
nicipal corporations  shall  cause  to  be  preserved  in  their  re- 
spective offices  for  six  months  all  certificates  of  nomination 
filed  in  their  respective  offices  under  the  provisions  of  this 
chapter.  All  such  certificates  shall  be  open  to  public  inspec- 
tion under  proper  regulations,  to  be  made  by  the  officers  with 
whom  the  same  are  filed.  The  board  of  county  commission- 
ers of  each  county  in  the  state  shall,  at  their  first  session  after 
the  taking  effect  of  this  chapter,  divide  their  respective  coun- 
ties into  election  precincts,  and  establish  the  boundaries  of 
the  same.  Such  board  of  commissioners  shall  designate  one 
voting  place  in  each  precinct,  and  each  precinct  shall  contain 
two  hundred  and  fifty  electors,  or  less,  based  on  the  number 
of  votes  cast  at  the  last  general  election;  but  no  precinct  shall 
contain  more  than  three  hundred  electors.  If  at  any  election 
hereafter  three  hundred  or  more  votes  shall  be  cast  at  any 
voting  place,  it  shall  be  the  duty  of  the  inspector  in  such  pre- 
cinct to  report  the  same  to  the  board  of  county  commissioners, 
who  shall,  at  their  next  regular  meeting,  divide  such  precinct 
as  nearly  as  possible  so  that  the  new  precincts  formed  thereof 
shall  each  contain  two  hundred  and  fifty  electors,  as  nearly 
as  practicable.  (L.  '90,  Sec.  7,  p.  402.) 

29.  When  to  File  Certificates  of  Nomination. 

Certificates  of  nomination  to  be  filed  with  the  Secretary 
of  State  shall  be  filed  not  more  than  sixty  days  and  not  less 
than  thirty  days  before  the  day  fixed  by  law  for  the  election 
of  the  persons  in  nomination.  Certificates  of  nomination 
herein  directed  to  be  filed  with  the  clerk  of  the  board  of 
county  commissioners  shall  be  filed  not  more  than  sixty  days 


Election  Laws  of  the  State  of  Washington.  13 

and  not  less  than  twenty  days  before  the  election.  Certificates 
for  the  nomination  of  candidates  for  municipal  offices  shall 
be  filed  with  the  clerks  of  the  respective  municipal  corpora- 
tions not  more  than  thirty  days  and  not  less  than  three  days 
previous  to  the  day  of  election:  Provided,  That  the  provis- 
ions of  this  section  shall  not  be  held  to  apply  to  nominations 
for  special  elections  to  fill  vacancies  caused  by  death,  resig- 
nation or  otherwise.  (L.  ?90,  Sec.  8,  p.  403.) 

30.  Secretary  of  State  to  Certify  Names  of  Nominees. 

"Not  less  than  twenty  nor  more  than  thirty  days  before 
an  election  to  fill  any  state  or  district  office,  the  Secretary  of 
State  shall  certify  to  the  clerk  of  the  board  of  county  commis- 
sioners of  each  county  within  which  any  of  the  electors  may 
by  law  vote  for  candidates  for  such  office,  the  name  and  place 
of  residence  of  each  person  nominated  for  such  office,  as  speci- 
fied in  the  certificates  of  nomination  filed  with  the  Secretary 
of  State.  (L.  '90,  Sec.  9,  p.  403.) 

31.  Publication  of  Nominations. 

At  least  ten  days  before  an  election  to  fill  any  public  of- 
fice other  than  a  municipal  office,  the  clerk  of  the  board  of 
county  commissioners  of  each  county  shall  cause  to  be  pub- 
lished in  one  or  more  newspapers  within  the  county  the  nom- 
inations to  office  certified  to  him  under  the  provisions  of  this 
chapter.  The  clerk  of  the  board  of  county  commissioners 
shall  make  such  publications  daily,  until  the  elections, 
in  counties  where  daily  newspapers  are  published ;  but  if  there 
be.  no  daily  newspaper  published  within  the  county,  two  pub- 
lications in  each  newspaper  will  be  sufficient;  and  if  there 
be  no  newspaper  published  in  any  county,  written  or  printed 
notices  shall  be  posted  in  not  less  than  three  conspicuous  places 
in  such  precinct.  One  of  such  publications  in  each  newspaper 
shall  be  upon  the  last  day  upon  which  such  newspaper  is  is- 
sued before  election.  In  the  case  of  municipal  elections, 
such  publications  shall  be  made  in  one  or  more  newspapers 
devoted  to  the  dissemination  of  general  news,  and  published 


14  Election  Laws  of  the  State  of  Washington. 


within  the  municipal  corporation  in  which  the  election  is  to 
be  held,  at  least  three  days  before  the  election,  the  publication 
to  be  daily,  until  election,  where  there  are  daily  newspapers; 
but  if  there  be  no  daily  newspaper  published  within  the  mu- 
nicipal corporation,  one  publication  in  each  newspaper  shall 
be  sufficient,  and  if  there  be  no  newspaper,  the  notice  shall  be 
posted  as  above  provided.  (L.  790,  Sec.  10,  p.  403.) 

32.  Nominations  Void  if  Declined  in  Writing. 

Whenever  any  person  nominated  for  public  office,  as  in 
this  chapter  provided,  shall,  at  least  twenty  days  before  elec- 
tion, except  in  the  case  of  municipal  elections,  in  a  writing 
signed  by  him,  notifying  the  officer  with  whom  the  certificate 
nominating  him  is  by  this  chapter  required  to  be  filed,  that 
he  declines  such  nomination,  such  nomination  shall  be  void. 
In  municipal  elections  such  declination  must  be  made  at  least 
two  days  before  the  election.  (L.  '90,  Sec.  11,  p.  404.) 

33.  Filling  of  Vacancies,  Nominations  for. 

Should  any  person  so  nominated  die  before  the  printing 
of  the  tickets,  or  decline  the  nomination  as  in  this  chapter 
provided,  or  should  any  certificate  of  nomination  be  or  be- 
come insufficient  or  inoperative  from  any  cause,  the  vacancy 
or  vancancies  thus  occasioned  may  be  filled  in  the  manner 
required  for  original  nominations.  If  the  original  nomina- 
tion was  made  by  a  party  convention  which  had  delegated  to 
a  committee  the  power  to  fill  vacancies,  or  by  primary  elec- 
tion, the  committee  of  the  political  party  he  represents  may 
upon  the  occurring  of  such  vacancy,  proceed  to  fill  the  same. 
The  chairman  and  secretary  of  such  committee  shall  there- 
upon make  and  file  with  the  proper  officer  a  certificate  setting 
forth  the  cause  of  the  vacancy,  the  name  of  the  person  nomin- 
ated, the  office  for  which  he  was  nominated,  the  name  of  the 
person  for  whom  the  new  nominee  is  to  be  substituted,  the 
fact  that  the  committee  was  authorized  to  fill  vacancies,  and 
such  further  information  as  is  required  to  be  given  in  an 


Election  Laws  of  the  State  of  Washington.  15 

original  certificate  of  nomination.  The  certificate  so  made, 
shall  be  executed  in  the  manner  prescribed  for  the  original 
certificate  of  nomination,  and  shall  have  the  same  force  and 
effect  as  an  original  certificate  of  nomination.  When  such 
certificate  shall  be  filed  with  the  Secretary  of  State,  he  shall, 
in  certifying  the  nominations  to  the  various  county  clerks* 
insert  the  name  of  the  person  who  has  thus  been  nominated 
to  fill  a  vacancy  in  the  place  of  that  of  the  original  nominee. 
And  in  the  event  that  he  has  already  sent  forth  his  certificate, 
he  shall  forthwith  certify  to  the  clerks  of  the  boards  of  county 
commissioners  of  the  proper  counties  the  name  and  place  of 
residence  of  the  person  so  nominated  to  fill  a  vacancy,  the 
office  he  is  nominated  for,  the  party  or  political  principle  he 
represents,  and  the  name  of  the  person  for  whom  such  nomi- 
nee is  substituted.  (L.  '90,  Sec.  12,  p.  404.) 

34.  Stickers  to  Be  Used. 

When  any  vacancy  occurs  before  election  day  and  after 
the  printing  of  the  tickets  and  any  person  is  nominated  ac- 
cording to  the  provisions  of  this  chapter  to  fill  such  vacancy, 
the  officer  whose  duty  it  is  to  have  the  tickets  printed  and  dis- 
tributed, shall  thereupon  have  printed  a  requisite  number  of 
stickers  and  shall  mail  them  by  registered  letter  to  the  judges 
of  election  in  the  various  precincts  interested  in  such  election, 
and  the  judges  of  election  whose  duty  it  is  made  by  the  pro- 
visions of  this  chapter  to  distribute  the  tickets  shall  affix 
such  stickers  in  the  proper  place  on  each  ticket  before  it  is 
given  out  to  the  elector.  (L.  '90,  Sec.  13,  p.  405.) 

35.  Submission  of  Questions  for  Popular  Vote. 

Whenever  a  proposed  constitution  or  constitutional  amend- 
ment, or  other  question,  is  to  be  submitted  to  the  people  of  the 
state  for  popular  vote,  the  Secretary  of  State  shall  duly,  and 
not  less  than  thirty  days  before  election,  certify  the  same  to 
the  clerk  of  the  board  of  county  commissioners  of  each  county 
in  the  state,  and  the  clerk  of  the  board  of  county  commission- 

*Clerk  of  Board  of  County  Commissioners. 


16  Election  Laws  of  the  State  of  Washington. 

ers  of  each  county  shall  include  the  same  in  the  publication 
provided  for  in  section  three  hundred  and  seventy-two  of  this 
volume  of  General  Statutes.  Questions  to  be  submitted  to 
the  people  of  a  county  or  municipality  shall  be  advertised  as 
provided  for  nominees  for  offices  by  said  section.  (L.  '90, 
Sec.  14,  p.  405.) 

36.  Commissioners    to    Provide    Ballot    Boxes,    Etc.— None    but    Official 

Ballots  to  Be  Used. 

Except  as  in  this  chapter  otherwise  provided,  it  shall  be 
the  duty  of  the  clerk  of  the  board  of  county  commissioners  of 
each  county  to  provide  ballot  boxes,  or  pouches,  printed  bal- 
lots, and  duplicate  poll  books  for  every  election  for  public  of- 
ficers in  which  electors,  or  any  of  the  electors  within  the 
county,  participate,  and  to  cause  to  be  printed  on  the  ballot 
the  name  of  every  candidate  whose  name  has  been  certified  to 
or  filed  with  the  county  auditor  in  the  manner  provided  for  in 
this  chapter.  Ballots  other  than  those  printed  by  the  respec- 
tive clerks  of  boards  of  county  commissioners,  according  to  the 
provisions  of  this  chapter,  shall  not  be  cast  or  counted  in  any 
election.  Nothing  in  this  chapter  contained  shall  prevent  any 
voter  from  writing  or  pasting  on  his  ballot  the  names  of  any 
person  for  whom  he  desires  to  vote  for  any  office,  and  such  vote 
shall  be  counted,  the  same  as  if  printed  upon  the  ballot  and 
and  marked  by  the  voter,  and  any  voter  may  take  with  him  into 
the  polling  place  any  printed  or  written  memorandum  or  paper 
to  assist  him  in  marking  or  preparing  his  ballot,  except  as 
hereinafter  otherwise  provided.  (L.  '05,  Sec.  1,  p.  64.) 

37.  Exceptions  as  to  Election  of  Certain  Officers. 

Election  for  school  and  irrigation  district  officers  and  road 
overseers  are  excepted  from  the  provisions  of  the  preceding 
section,  and  in  all  municipal  elections  the  duties  specified  in 
the  preceding  section  as  devolving  on  the  clerk  of  the  board  of 
county  commissioners  shall  devolve  on  the  municipal  clerk. 
(L.  '90,  Sec.  16,  p.  406.) 


Election  Laws  of  the  State  of  Washington.  17 

38.    Ballots  to  Be  Printed,  and  What  to  Contain. 

All  ballots  prepared  under  the  provisions  of  this  chapter 
shall  conform  to  the  following  requirements: 

First.  Shall  be  of  white  and  a  good  quality  of  paper,  and 
the  names  shall  be  printed  thereon  in  black  ink. 

Second.  Every  ballot  shall  contain  the  name  of  every 
candidate  whose  nomination  for  any  office  specified  in  the 
ballot  has  been  filed  according  to  the  provisions  of  this  act 
and  no  other  names. 

Third.  All  nominations  of  any  party  or  group  of  peti- 
tioners shall  be  placed  under  the  title  of  such  party  or  petition- 
ers as  designated  by  them  in  their  certificate  of  nomination 
or  petition,  and  the  name  of  each  nominee  shall  be  placed 
under  the  designation  of  the  office  for  which  he  has  been  nom- 
inated. 

Fourth.  There  shall  be  a  Q  under  the  party  designa- 
tion and  a  _|  at  the  right  of  the  name  of  each  of  its  nomi- 
nees so  that  the  voter  may  clearly  indicate  the  party  or  the 
candidate  or  the  candidates  for  whom  he  wishes  to  cast  his 
ballot;  the  circle  shall  be  one-half  inch  in  diameter  and  the 
square  one-forth  of  an  inch.  The  size  of  type  for  the  desig- 
nation of  the  office  shall  be  nonpareil  caps ;  that  of  the  candi- 
dates not  smalled  than  brevier  or  larger  than  small  pica  caps 
and  shall  be  connected  with  squares  by  leaders. 

Fifth.  The  list  of  candidates  of  the  requblican  party 
shall  be  placed  in  the  first  column  of  the  left-hand  side  of  the 
ballot,  the  democratic  party  the  second  column  and  of  other 
party  [parties]  in  the  order  in  which  the  certificates  of  nomi- 
nation have  been  filed. 

The  line  of  demarcation  between  the  party  columns  shall 
be  inverted  nonpareil  rule. 

If  any  of  the  above  named  parties  shall  fail  to  nominate 
a  ticket,  the  name  of  such  partv  shall  not  appear  upon  the 
ballot. 

Sixth.  2s"o  candidates'  [candidate's]  name  shall  appear 
—2 


18  Election  Laws  of  the  State  of  Washington. 

more  than  once  upon  the  ballot:  Provided,  That  any  candi- 
date who  has  l^een  nominated  by  two  or  more  political  parties 
may,  upon  a  written  notice  filed  with  the  clerk  of  the  board 
of  county  commissioners  at  least"  twenty  days  before  the  elec- 
tion is  to  be  held,  designate  the  political  party  under  whose 
title  he  desires  to  have  his  name  placed. 

Seventh.  Under  the  designation  of  the  office  if  more  than 
one  candidate  is  to  be  voted  for  there  shall  be  indicated  the 
number  of  candidates  to  such  office  to  be  voted  for  at  such 
election. 

Eighth.  Upon  each  official  ballot  a  perforated  line  one- 
half  inch  from  the  left  hand  edge  of  said  ballot  shall  extend 
from  the  top  of  said  ballot  towards  the  bottom  of  the  same  two 
inches  thence  to  the  left  hand  edge  of  the  ballot  and  upon  the 
space  thus  formed  there  shall  be  no  printing  except  the  num- 
ber of  such  ballot,  which  shall  be  upon  the  back  of  such  space 
in  such  position  that  it  shall  appear  on  the  outside  when  the 
ballot  is  folded.  The  county  auditor  shall  cause  official  bal- 
lots to  be  numbered  consecutively  beginning  with  number  1, 
for  each  separate  voting  precinct. 

Ninth.  Official  ballots  for  a  given  precinct  shall  not  con- 
tain the  names  of  nominees  for  justices  of  the  peace  and  con- 
stables of  any  other  precinct  except  in  cases  of  municipalities 
where  a  number  of  precincts  vote  for  the  same  nominee  for 
justices  of  the  peace  and  constables,  and  in  the  latter  case  the 
ballots  shall  contain  only  the  names  to  be  voted  for  by  the 
electors  of  such  precinct.  Each  party  column  shall  be  two  and 
five-eighths  inches  wide. 

Tenth.  On  the  top  of  each  of  said  ballots  and  extending 
across  the  party  groups,  there  shall  be  printed  instructions  di- 
recting the  voters  how  to  mark  the  ballot  before  the  same  shall 
be  deposited  with  the  judges  of  election.  ISText  after  the  in- 
structions and  before  the  party  group  shall  be  placed  the  ques- 
tions of  adopting  constitutional  amendments  or  any  other  ques- 
tion authorized  by  law  to  be  submitted  to  the  voters  of  such 
election.  The  arrangement  of  the  ballot  shall  in  general  con- 
form as  nearly  as  possible  to  the  form  hereinafter  given.  (L. 
'01,  Sec.  1,  p.  186.) 


Election  Laws  of  the  State  of  Washington. 


19 


(BALLOT.) 

INSTRUCTIONS.— Mark  X  in  O  under  party  name,  for  whose  candidate  you  wish  to 
vote. 

If  you  desire  to  vote  for  any  other  candidate  of  any  other  party,  place  X  in  I  I 
at  the  right  of  the  name  of  such  candidate. 

( Here  place  any  state  or  local  question  to  be  voted  on.) 


REPUBLICAN  TICKLT. 


DEMOCRATIC  TICKET. 


PROHIBITION  TICKET. 


O 


O 


O 


PRESIDENTIAL  ELECTORS. 

S.  G.  COSGROVE Q 

F.  W.  HASTINGS D 

C.  SWEENEY D 

J.  BO  YD D 


REPRESENTATIVES  IN  CONG. 

F.  W.  CUSHMAN D 

W.  L.  JONES D 


JUDGES  SUPREME  COURT. 

W.  MOUNT D 

R.  O.  DUNBAR D 


GOVERNOR. 
J.  M.  FRINK  ..  ...D 


LIEUTENANT  GOVERNOR. 
H.   MCBRIDE  . .  .  . . 


SECRETARY  OF  STATE. 

S.  H.  NICHOLS D 


STATE  TREASURER. 
C.  W.  MAYNARD 


STATE   AUDITOR. 
J.  D.  ATKINSON 


ATTORNEY  GENERAL. 
W.  B.  STRATTON D 


SUPT.  PUBLIC  INSTRUCTION. 
R.  B.  BRYAN  .. 


COM.  PUBLIC  LANDS. 
S.  A.  CALL  VERT 


STATE  SENATOR  18TH.  DIST. 
A.  S.  RUTH D 


20  Election  Laws  of  the  State  of   Washington. 

39.  Duty  of  Clerk  of  Board  of  County  Commissioners. 

Whenever  the  Secretary  of  State  has  duly  certified  to  the 
clerk  of  the  board  of  county  commissioners  any  question  to 
be  submitted  to  the  vote  of  the  people,  the  clerk  of  the  board 
of  county  commissioners  shall  have  printed  on  the  regular 
ballots,  at  the  bottom  thereof,  the  question  in  such  form  as 
will  enable  the  electors  to  vote  upon  the  questions  so  presented 
in  the  manner  hereinafter  provided.  The  clerk  of  the  board 
of  county  commissioners  shall  also  prepare  the  necessary  bal- 
lots in  the  same  manner  whenever  any  question  is  by  law  to 
be  submitted  to  the  vote  of  the  electors  of  any  locality,  and  not 
of  the  state  generally:  Provided,  however,  That  in  all  ques- 
tions submitted  to  the  voters  of  a  municipal  corporation  alone, 
it  shall  be  the  duty  of  the  city,  or  town  clerk  to  provide  the 
necessary  ballots.  (L.  '95,  Sec.  4,  p.  387.) 

40.  Number  of  Ballots  for  Each  Precinct. 

The  clerk  of  the  board  of  county  commissioners  of  each 
county  shall  provide  for  each  election  precinct  in  the  county 
two  ballots  for  each  elector  registered  in  the  precinct,  and  two 
tallying  books,  that  shall  be  printed  in  relation  with  the  tickets. 
If  there  is  no  register  in  the  precinct,  the  clerk  of  the  board  of 
county  commissioners  shall  provide  ballots  to  the  number  of 
two  for  every  elector  who  voted  at  the  last  preceding  election 
in, the  precinct:  Provided,  however,  That  in  municipal  elec- 
tions it  shall  be  the  duty  of  the  city  or  town  clerk  to  provide 
tickets  as  specified  in  this  section.  (L.  '95,  Sec.  5,  p.  390.) 

41.  Surplus  Ballots  to  Be  Destroyed  by  Judges  Before  Counting  Ballots 

Cast. 

It  is  hereby  made  the  duty  of  the  judges  of  election  for 
each  election  precinct  immediately  upon  the  closing  of  the 
polls,  and  before  the  ballots  are  counted,  to  destroy  all  unused 
ballots  furnished  for  use  at  such  precinct.  (L.  '93,  Sec.  2,  p. 
222.) 

42.  Error  or  Omission  of  Name  From  Ballot,  How  Cured. 
Whenever   it   shall    appear   by   affidavit   that   an   error   or 

omission  has  occurred  in  the  publication  of  the  names  of  the 


Election  Laws  of  the  State  of  Washington .  21 

candidates  nominated  for  office,  or  in  the  printing  of  the  bal- 
lots, the  superior  court  of  the  county  may,  upon  application 
of  any  elector,  by  order,  require  the  clerk  of  the  board  of 
county  commissioners  or  municipal  clerk  to  correct  such  error 
or  to  show  cause  why  such  error  should  not  be  corrected.  (L. 
'00,  Sec.  19,  p.  407.) 

43.  Clerks  to  Furnish  Ballots  Before  Polls  Open. 

Before  the  opening  of  the  polls,  the  clerk  of  the  board  of 
county  commissioners  (or  the  municipal  clerk  in  the  case  of 
municipal  election)  shall  cause  to  be  delivered  to  the  judges  of 
election  of  each  election  precinct  which  is  within  the  county 
(or  within  the  municipality  in  case  of  municipal  elections), 
and  in  which  the  election  is  to  be  held,  at  the  polling  place  of 
the  precinct,  the  proper  number  of  ballots  provided  for  in 
section  five  of  this  act.  The  ballots  shall  be  given  to  the  in- 
spector of  each  election  precinct ;  but  in  case  it  may  be  imprac- 
ticable to  deliver  such  ballots  to  the  inspector,  then  they  may 
be  delivered  to  one  of  the  judges  of  election  of  any  such  pre- 
cinct, and  in  making  the  appointment  of  judges  of  election 
under  this  chapter  and  other  election  laws  of  this  state,  not 
more  than  a  majority  of  such  judges  of  election  shall  be  ap- 
pointed from  any  one  political  party  for  each  precinct.  (L. 
'05,  Sec.  6,  p.  390.) 

44.  Inspectors  to  Provide  Polling  Places — Division  of  Precincts. 

The  inspectors  of  election  shall  provide  in  their  respective 
polling  places  a  sufficient  number  of  places,  booths  or  compart- 
ments, which  shall  be  furnished  with  such  supplies  and  con- 
veniences as  shall  enable  the  voter  conveniently  to  prepare  his 
ballot  for  voting  and  in  which  electors  may  mark  their  ballots 
screened  from  observation,  and  a  guard  rail  so  constructed  that 
only  persons  within  such  rail  can  approach  within  fifty  feet 
of  the  ballot  boxes,  or  the  places,  booths  or  compartments 
herein  provided  for.  The  number  of  such  places,  booths  or 
compartments  shall  not  be  less  than  one  for  every  fifty  electors 
or  fraction  thereof  registered  in  the  precinct,  or  voting  at  the 


22  Election  Laws  of  the  State  of  Washington. 

last  preceding  election,  where  there  is  no  registration.  In 
precincts  containing  less  than  twenty-five  voters,  the  election 
may  be  conducted  under  the  provisions  of  this  chapter  with- 
out the  preparation  of  such  booths  or  compartments  as  re- 
quired in  this  section.  No  person  other  than  electors  engaged 
in  receiving,  preparing  or  depositing  their  ballots^  or  a  person 
present  for  the  purpose  of  challenging  the  vote  of  an  elector 
about  to  cast  his  ballot,  shall  be  permitted  within  said  rail, 
and  in  case  of  small  precincts  where  places,  booths  or  com- 
partments are  not  required,  no  person  or  persons  engaged  in 
preparing  his  or  their  ballots  shall  in  any  way  be  interfered 
with  by  any  person,  unless  it  be  some  one  authorized  by  the 
provisions  of  this  chapter  to  assist  him  or  them  in  preparing 
his  or  their  ballot.  The  expense  of  providing  such  places  or 
compartments  and  guard  rails  shall  be  a  public  charge  and 
shall  be  provided  for  in  the  same  manner  as  the  other  election 
expenses.  On  or  before  the  first  day  of  September  of  each 
year  in  which  an  election  is  to  be  held,  the  officers  now  charged 
by  law  with  the  division  or  alteration  of  election  precincts 
shall,  as  far  as  necessary,  alter  or  divide  the  existing  election 
precincts  in  such  manner  that  each  election  precinct  shall  not 
contain  more  than  three  hundred  voters.  (L.  ?90,  Sec.  21, 
p.  408.) 

45.    Delivery  of  Ballot  to  Elector. 

At  any  election  it  shall  be  the  duty  of  the  inspector,  or  one 
of  the  judges  of  election,  to  deliver  ballots  to  the  qualified 
electors.  Any  elector  desiring  to  vote  shall  give  his  name  to  the 
inspector  or  one  of  the  judges,  who  shall  then,  in  an  audible 
tone  of  voice,  announce  the  same,  whereupon  a  challenge  may 
be  interposed  or  if  the  challenge  be  overruled,  the  inspector 
or  one  of  the  judges  shall  give  him  a  ballot,  at  the  same  time 
calling  to  the  clerks  of  election  the  number  of  such  ballot.  In 
precincts  where  there  is  a  registration  of  voters,  it  shall  be  the 
duty  of  such  clerks  to  write  the  number  of  the  ballot  against 
the  name  of  such  elector  as  the  same  appears  upon  the  certified 


Election  Laws  of  the  State  of  Washington.  23 

<-opy  of  poll  books  of  registration  in  their  possession.  In  pre- 
cincts where  there  are  no  registration  of  voters,  it  shall  be 
the  duty  of  the  clerks  to  transcribe  the  name  of  the  elector  in 
the  poll  books,  and  against  snch  name  the  number  of  the  bal- 
lot delivered  to  the  elector.  Each  qualified  elector  shall  be 
entitled  to  receive  from  the  said  judges  one  ballot.  (L.  '95, 
Sec.  7,  p.  391.) 

46.     Details   of   Preparation   of  Ballot   by  Voter. 

On  receipt  of  his  ballot  the  elector  shall  forthwith  and 
without  leaving  the  polling  place  retire  alone  to  one  of  the 
places,  booths  or  apartments  provided  to  prepare  his  ballot. 
If  he  desires  to  vote  for  all  of  the  candidates  of  any  political 
party  he  may  mark  a  cross  "X"  after  the  name,  against  the 
political  designation  of  such  party,  and  shall  then  be  deemed 
to  have  voted  for  all  the  persons  named  as  the  candidates  of 
such  party.  If  he  desires  to  vote  for  any  particular  candidate 
of  any  other  political  party  he  may  do  so  by  placing  after  the 
name  of  such  candidate  a  mark  "X" :  Provided,  That  if  one 
or  more  candidates  for  such  office  are  to  be  elected,  then  such 
voter  shall  place  his  mark  "X"  after  the  name  of  each  of  the 
candidates  for  whom  he  wishes  to  vote  for  that  particular  office, 
and  in  that  case  such  voter  shall  then  be  deemed  to  have  voted 
for  all  the  persons  named  as  the  candidates  of  the  political 
party  after  which  he  shall  have  made  his  mark  "X,"  except 
those  who  are  otherwise  designated  as  herein  provided.  Each 
elector  may  prepare  his  ballot  by  marking  a  cross  "X"  after 
the  name  of  each  person  or  candidate  for  whom  he  wishes  to 
vote.  In  case  of  a. ballot  containing  a  constitutional  amend- 
ment or  other  question  to  be  submitted  to  the  vote  of  the  people 
the  voter  shall  mark  a  cross  "X"  after  the  question,  for  or 
against  the  amendment  or  proposition,  as  the  case  may  be. 
Any  elector  may  write  in  the  blank  spaces,  or  paste  over  any 
other  name,  the  name  of  any  person  for  whom  he  may  wish 
to  vote.  Before  leaving  the  booth  or  compartment  the  elector 
shall  fold  his  ballot  in  such  a  manner  that  the  number  of  the 


24  Election  Laws  of  the  State  of  Washington. 

ballot  shall  appear  on  the  outside  thereof,  without  displaying 
the  marks  on  the  face  thereof,  and  he  shall  keep  it  folded  un- 
til he  has  voted.  Having  folded  the  ballot,  the  elector  shall 
deliver  it  folded  to  the  inspector,  who  shall,  in  an  audible  tone 
of  voice,  repeat  the  name  of  the  elector  and  the  number  of  the 
ballot.  The  election  clerks  having  certified  copies  of  the  poll 
books  of  registration  or  poll  books  in  charge,  shall,  if  they 
find  the  number  marked  opposite  the  elector's  name  on  the 
registration  or  poll  books  to  correspond  with  the  number  of 
the  ballot  handed  to  the  inspector,  mark  opposite  the  name  of 
such  elector  the  word  "Voted,"  and  one  of  the  clerks  shall  call 
back,  in  an  audible  tone,  the  name  of  the  elector  and  the  num- 
ber of  his  ballot.  The  inspector  shall  separate  the  slip  contain- 
ing the  number  of  the  ballot  from  the  ballot  and  shall  deposit 
the  ballot  in  the  ballot  box.  The  numbers  removed  from  bal- 
lots shall  be  immediately  destroyed.  (L.  '95,  Sec.  8,  p.  391.) 

47.  One  Person  to  Occupy  Booth. 

Not  more  than  one  person  shall  be  permitted  to  occupy  any 
one  booth  at  one  time,  and  no  person  shall  remain  in  or  oc- 
cupy a  booth  or  compartment  longer  than  may  be  necessary  to 
prepare  his  ballot,  and  in  no  event  longer  than  five  minutes: 
Provided,  That  the  other  booths  or  compartments  are  occupied. 
(L.  '90,  Sec.  24,  p.  410.) 

48.  In  Case  of  Spoiled  Ballot,  Voter  to  Receive  Another. 

Any  voter  who  shall  by  accident  or  mistake  spoil  his  ballot, 
may,  on  returning  said  spoiled  ballot,  receive  another  in  place 
thereof.  (L.  '90,  Sec.  25,  p.  410.) 

49.  Assistance  to  Illiterate  or  Disabled  Voter. 

Any  voter  who  declares  to  the  judges  of  election,  or  when 
it  shall  appear  to  the  judges  of  election  that  he  can  not  read, 
and  was  at  the  time  of  the  taking  effect  of  this  act  a  qualified 
voter,  or  that  by  blindness  or  other  physical  disability  he  is 
unable  to  mark  his  ballot,  shall  upon  request  receive  the  as- 
sistance of  one  or  two  of  the  election  officers  in  the  marking 


Election  Laws  of  the  State  of  Washington.  25 

thereof,  and  such  officer  or  officers  shall  certify  on  the  outside 
thereof  that  it  has  been  so  marked  with  his  or  their  assistance, 
and  shall  thereafter  give  110  information  regarding  the  same. 
The  judges  may  in  their  discretion  require  from  such  other 
person  so  offering  to  vote  a  declaration  of  such  disability,  that 
he  was  at  the  time  of  the  taking  effect  of  this  act  a  qualified 
elector  and  of  his  disability  to  read  and  speak  the  English 
language,  to  be  made  by  the  voter  under  oath  before  them  and 
they  are  hereby  qualified  to  administer  the  same.  No  elector, 
other  than  the  voter,  who  may,  because  of  his  inability  to 
read,  or  physical  disability,  be  unable  to  mark  his  ballot,  shall 
divulge  to  any  person  within  the  polling  place  the  name  of 
any  candidate  for 'whom  he  intends  to  vote  or  ask  or  receive 
the  assistance  of  any  one  within  the  polling  place  in  the  prep- 
aration of  his  ballot.  (L.  '90,  Sec.  26,  p.  410.) 

50.     Instructions  to  Electors  to  Be  Printed  and  Posted. 

The  clerk  of  the  board  of  county  commissioners  of  each 
county  shall  cause  to  be  printed  in  large  type  on  cards,  in 
English,  instructions  for  the  guidance  of  electors  in  preparing 
their  ballots.  He  shall  furnish  ten  such  cards  to  the  judges  of 
election  of  each  election  precinct,  and  one  additional  card  for 
each  fifty  electors  or  fractional  part  thereof  in  the  precinct, 
at  the  same  time  and  in  the  same  manner  as  the  printed  bal- 
lots. The  judges  of  election  shall  post  not  less  than  one  of 
such  cards  in  each  place  or  compartment  provided  for  the 
preparation  of  ballots,  and  not  less  than  three  of  such  cards 
elsewhere  in  and  about  the  polling  places,  upon  the  day  of 
election.  Such  cards  shall  be  printed  in  large,  clear  type,  and 
shall  contain  full  instructions  to  the  voters  as  to  what  should 
be  done,  viz: 

1.  To  obtain  ballots  for  voting. 

2.  To  prepare  the  ballots  for  deposit  in  the  ballot  boxes. 

3.  To  obtain  a  new  ballot  in  the  place  of  one  spoiled  by 
accident  or  mistake.      (L.  '95,  Sec.  9,  p.   3>92.) 


26  Election  Laws  of  tlie  State  of  Washington. 

51.  What  Ballots  Are  Void  and  Shall  Not  Be  Counted. 

In  the  canvass  of  the  votes,  any  ballot  or  parts  of  a  ballot 
found  which  it  is  impossible  to  determine  the  elector's  choice 
shall  be  void  and  shall  not  be  counted:  Provided,  That  when 
a  ballot  is  sufficiently  plain  to  gather  therefrom  a  part  of  the 
voter's  intention,  it  shall  be  the  duty  of  the  judges  of  election 
to  count  such  part.  (L.  '95,  Sec.  10,  p.  393.) 

52.  Fraud  as  to  Certificates  of  Nominations  or  Ballots  Is  Felony. 

Any  person  who  shall  falsely  make,  or  make  oath  to,  or 
fraudulently  deface  or  fraudulently  destroy  any  certificate  of 
nomination,  or  any  part  thereof,  or  file  or  receive  for  filing 
any  certificate  of  nomination,  knowing  the  same  or  any  part 
thereof  to  be  falsely  made,  or  suppress  any  certificate  of  nom- 
ination which  has  been  duly  filed,  or  any  part  thereof,  or  forge 
or  falsely  make  the  official  indorsement  on  any  ballot,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof,  in  any 
court  of  competent  jurisdiction,  shall  be  punished  by  impris- 
onment in  the  penitentiarv  for  a  period  of  not  less  than  one 
year  nor  more  than  five  years.  (L.  790,  Sec.  30,  p.  411.) 

53.  Defacing   or  Destroying  Supplies,  Etc.,  How  Punished. 

Any  person  who  shall  during  the  election  wilfully  remove 
or  destroy  any  of  the  supplies  or  other  conveniences  placed 
in  the  booths  or  compartments  for  the  purpose  of  enabling  the 
voter  to  prepare  his  ballot,  or  prior  to  or  on  the  day  of  election 
wilfully  deface  or  destroy  any  list  of  candidates  posted  in  ac- 
cordance with  the  provisions  of  this  chapter,  or  who  shall  dur- 
ing an  election  tear  down  or  deface  the  cards  printed  for  the 
instruction  of  voters,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  in  any  court  of  competent  juris- 
diction, shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars.  (L.  '90,  Sec.  31,  p.  412.) 

54.  Duty   of   Public   Officers   at   Elections,   Punishment  for   Violation   of. 

Any  public  officers  upon  whom  any  duty  is  imposed  by 
this  chapter,  who  shall  wilfully  do  or  perform  any  act  or 


Election  Laws  of  the  State  of  Washington.  27 

thing  herein  prohibited,  or  wilfully  neglect  or  omit  to  per- 
form any  duty  as  imposed  upon  him  by  the  provisions  of  this 
chapter,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  forfeit  his  office  and  shall  be  punished 
by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than 
one  month  nor  more  than  six  months,  or  by  a  fine  of  not  less 
than  fifty  dollars  and  not  more  than  five  hundred  dollars,  or 
by  both  such  fine  and  imprisonment.  (L.  '90,  Sec.  32,  p. 
412.) 

55.    Electioneering  Prohibited  Within  Polling  Place. 

Xo  officer  of  election  shall  do  any  electioneering  on  elec- 
tion day.  ~No  person  shall  do  any  electioneering  on  election 
day  within  any  polling  place  or  any  building  in  which  an 
election  is  being  held,  or  within  fifty  feet  thereof,  nor  obstruct 
the  doors  or  entries  thereto,  or  prevent  free  ingress  or  egress 
from  said  building.  Any  election  officers,  sheriff,  constable, 
or  other  peace  officer,  is  hereby  authorized  and  empowered, 
and  it  is  hereby  made  his  duty  to  clear  the  passageway  and 
pre\ent  such  obstruction,  and  to  arrest  any  person  creating 
such  obstruction.  !N^o  person  shall  remove  any  ballot  from 
the  polling  place  before  the  closing  of  the  polls.  ~No  person 
shall  «liow  his  ballot  after  it  is  marked  to  any  person  in  such 
a  \vay  as  to  reveal  the  contents  thereof,  or  the  name  of  any 
candidate  or  candidates  for  whom  he  has  marked  his  vote, 
nor  shall  any  person  solicit  the  elector  to  show  the  same;  nor 
shall  any  person,  except  a  judge  of  election,  receive  from  any 
elector  a  ballot  prepared  for  voting.  ~No  elector  shall  receive 
a  ballot  from  any  other  person  than  one  of  the  judges  of  elec- 
tion having  charge  of  the  ballots,  nor  shall  any  person  other 
than  such  inspector  or  judges  of  election  deliver  a  ballot  to 
such  elector.  ~No  elector  shall  vote  or  offer  to  vote  any  bal- 
lot except  such  as  he  has  received  from  the  judges  of  election 
having  charge  of  the  ballots.  ~No  elector  shall  place  any  mark 
upon  his  ballot  by  which  it  may  afterwards  be  identified  as 
the  one  voted  by  him.  Any  elector  who  does  not  vote  a  ballot 


28  Election   T<aws  of  the  State  of  Washington. 

delivered  to  him  by  the  judges  of  election  having  charge  of 
the  ballots  shall,  before  leaving  the  polling  place,  return  such 
ballot  to  such  judges.  Whoever  shall  violate  any  of  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  in  any  court  of  competent  juris- 
diction, shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars  and  adjudged  to  pay  the  costs  of  prosecution.  (L.  '90, 
Sec.  33,  p.  412.) 

56.     Distribution   of  Election  Laws   by  Secretary   of  State. 

It  shall  be  the  duty  of  the  Secretary  of  State  to  cause  to 
be  published  in  pamphlet  form,  and  distributed  through  the 
clerks  of  the  boards  of  county  commissioners  of  the  respective 
counties,  a  sufficient  number  of  copies  of  this  law,  together 
with  the  registration  law  of  the  state,  and  such  other  laws 
as  bear  upon  the  subject  of  election  as  will  place  a  copy  thereof 
in  the  hands  of  all  officers  of  election.  (L.  '90,  Sec.  34,  p. 
413.) 


OPENING  THE  POLLS -VOTING  AND  CHALLENGES. 


57.  Time  of  Opening  and  Closing  Polls. 

At  all  elections  held  under  the  provisions  of  this  act,  the 
polls  shall  be  opened  at  nine  o'clock  A.  M.,  and  closed  at  seven 
o'clock  P.  M.  (L.  '90,  Sec.  35,  p.  413.) 

58.  If  Electors  Are  Not  Present,  Polls  May  Be  Opened  When  They  Do 

Appear. 

At  all  elections  the  polls  shall  be  opened  at  nine  o'clock  in 
the  morning,  and  shall  continue  open  without  recess  until 
seven  o'clock  in  the  evening,  at  wilich  time  the  judges  shall 
close  the  polls:  Provided,  That  in  sparsely  settled  precincts, 
whenever  a  sufficient  number  of  qualified  electors  to  consti- 
tute a  board  of  election  are  not  present  at  nine  o'clock  on  the 
morning  of  the  day  of  the  election,  it  shall  be  lawful  to  open 


Election  Laws  of  the  State  of  Washington.  29 

the  polls  as  soon  thereafter  as  a  sufficient  number  are  present. 
(Code  '81,  Sec.  3076.) 

59.  Proclaiming   Polls  to   Be   Open. 

The  board  of  judges,  before  they  commence  receiving  bal- 
lots, shall  cause  it  to  be  proclaimed  aloud  at  the  place  of  voting, 
that  the  polls  are  now  open.  (L.  '66,  Sec.  2,  p.  34.) 

60.  Poll  Books  ta  Be  Furnished. 

It  shall  be  the  duty  of  the  auditors  of  the  several  counties 
to  furnish  the  inspectors  of  each  election  precinct  with  two 
poll  books  at  least  five  days  before  the  time  of  holding  the 
election.  (L.  '66,  Sec.  31,  p.  34.) 

61.  Manner  of  Voting. 

The  voting  shall  be  by  ballot.  No  ballot  shall  bear  any 
impression,  devise,  color  or  thing  designated  to  distinguish 
such  ballot  from  other  legal  ballots,  or  whereby  the  same  may 
be  known  or  designated.  The  ballot  shall  be  eight  inches  in 
width  and  of  such  length  as  shall  be  necessary  to  print  the 
names  of  all  the  candidates,  who  shall  be  duly  nominated  ac- 
cording to  law,  and  whose  nomination  shall  be  duly  certified 
to  the  clerk  of  the  board  of  county  commissioners,  such  length 
to  be  determined  by  the  said  clerk  of  said  board  of  county 
commissioners.  All  of  the  official  ballots,  after  the  same  shall 
be  so  prepared  by  the  said  clerk,  shall  be  of  the  same  size  for 
each  and  every  precinct,  and  shall  not  vary  one-eighth  of  an 
inch  in  breadth  from  the  above  specifications.  (L.  '95,  Sec. 
11,  p.  393.) 

62.  Poll   List,    How   Kept — Preservation    of    Rejected   Ballots. 

The  name  of  each  elector  whose  ballot  has  been  thus  re- 
ceived shall  be  immediately  entered  by  each  clerk  in  the  col- 
umn of  his  poll  list  headed  "Names  of  Voters,"  numbering 
each  name  in  the  additional  column  as  it  is  taken  down,  so  that 
it  may  be  seen  at  any  time  whether  the  two  lists  agree.  When- 
ever the  board  of  election  rejects  a  ballot  it  must  at  the  time 


30  Election  Laws  of  the  State  of  Washington. 

of  such  rejection  cause  to  be  made  thereon  and  signed  by  a  ma- 
jority of  the  board  an  indorsement  of  such  rejection,  and  of 
the  cause  thereof.  All  rejected  ballots  must  be  preserved  and 
returned  in  the  same  manner  as  other  ballots.  Whenever  a 
question  arises  in  the  board  as  to  the  legality  of  a  ballot  or  any 
part  thereof  and  the  board  decide  in  favor  of  the  legality,  such 
action,  together  with  a  concise  statement  of  the  facts  that  gave 
rise  to  the  objection,  must  be  indorsed  on  the  ballot,  and  signed 
by  a  majority  of  the  board.  (L.  '66,  Sec.  5,  p.  34.) 

63.  Challenging  Votes. 

Any  person  offering  to  vote  may  be  challenged  as  unquali- 
fied by  the  inspector  or  either  of  the  judges  or  by  any  legal 
voter,  and  it  shall  in  all  cases  be  the  duty  of  the  inspector  and 
each  of  the  judges  to  challenge  any  person  offering  to  vote  whom 
they  shall  know  or  suspect  not  to  be  duly  qualified  as  an  elector. 
(L.  '66,  Sec.  6,  p.  34.) 

64.  Duty  of  Election  Officers  in  Case  of  Challenge. 

When  any  person  offering  to  vote  is  challenged,  it  shall  be 
the  duty  of  the  judges  to  declare  to  him  the  qualifications  of 
an  elector,  and  the  inspector  or  one  of  the  judges  shall  tender 
him  the  following  oath:  "You  do  swear  (or  affirm)  that  you 
will  truly  and  fully  answer  all  questions  as  shall  be  put  to  you 
touching  your  place  of  residence  and  qualifications  as  an  elec- 
tor." The  inspector  or  one  of  the  judges  shall  then  proceed  to 
question  the  person  challenged  in  relation  to  his  name,  place 
of  residence,  how  long  he  has  resided  in  the  precinct  and 
county,  where  his  last  place  of  residence  was,  also  as  to  his 
citizenship,  and  whether  a  native  or  naturalized  citizen,  and 
if  the  latter,  when,  where,  and  in  what  county  or  before  what 
officer  he  was  naturalized;  whether  he  can  read  and  speak  the 
English  language,  and  may  submit  to  him  for  reading  extracts 
of  English  prose,  and  all  such  other  questions  as  shall  tend  to 
test  his  qualifications  as  to  citizenship  and  the  right  to  vote. 
(L.  '66,  Sec.  7,  p.  34.) 


Election  Laws  of  the  State  of  Washington.  31 

65.  When  Vote  Is  to  Be  Rejected. 

If  any  person  shall  refuse  to  take  the  aforesaid  oath,  when 
so  tendered,  or  to  answer  any  and  all  pertinent  questions  as 
to  qualifications,  his  vote  shall  be  rejected;  and  if  the  board 
of  judges  are  satisfied,  from  his  answers  as  aforesaid,  that 
such  person  is  not  a  legal  voter,  they  shall  reject  his  vote.  (L. 
'66,  Sec.  8,  p.  34.) 

66.  Challenged  Person  to  Be  Sworn. 

If  such  person  shall  insist  that  he  is  entitled  to  vote,  and 
the  board  of  judges  find  no  cause  to  reject  his  vote,  under  the 
preliminary  examination,  and  the  challenge  shall  not  be  with- 
drawn, he  shall  not  be  entitled  to  vote  unless  he  takes  the  fol- 
lowing oath,  to  be  administered  by  the  inspector  or  one  of  the 
judges,  viz:  "You  do  swear  (or  affirm,  as  the  case  may  be), 
that  you  have  resided  in  this  state  one  year  preceding  this  elec- 
tion, in  this  county  ninety  days,  and  in  this  precinct  thirty 
days,  and  have  not  voted  this  day,  and  that  you  are  otherwise 
qualified  to  vote  at  this  election,"  and  in  case  the  person  offer- 
ing a  vote  is  a  naturalized  citizen  he  shall  produce  evidence 
of  his  citizenship.  (L.  '86,  Sec.  1,  p.  128.) 

The  oath  above  given  is  made  to  correspond  to  the  provisions 
of  the  constitution,  the  changes  being  in  italic. 

67.  When   Persons   Challenged   May   Vote— Identification. 

If  any  person  shall  take  the  oath  as  tendered  to  him  by 
the  inspector  or  judges  and  no  evidence  is  offered  to  traverse 
the  same,  by  the  officer  or  party  challenging,  and  shall  other- 
wise comply  with  the  requirements  of  law  regulating  the  bal- 
loting, he  shall  be  admitted  to  vote;  but  before  the  ballot  of 
the  voter  shall  be  deposited  he  shall  be  required  to  sign  the 
registration  book  in  the  column  headed  "Identification,"  pro- 
vided for  that  purpose,  and  on  the  same  line  as,  and  opposite 
to  the  original  signature  of  the  voter  offering  to  vote,  which 
original  signature  shall  be  so  concealed  as  not  to  be  seen  by 
the  voter  offering  to  vote;  and  in  case  such  voter  is  incapable 


32  Election  Laws  of  the  State  of  Washington. 

of  writing  his  name,  he  shall,  at  the  left  hand  of  the  column, 
make  a  cross  or  other  mark  usually  employed  by  such  voter 
for  indicating  his  signature,  and  some  person  who  is  personally 
known  to  the  inspector  and  who  personally  knows  the  voter, 
shall  sign  the  registration  book  in  his  behalf  as  identifying 
witness.  If  such  voter  offering  to  vote  shall  refuse  to  take  the 
oath  or  affirmation  so  tendered  him  or  to  write  his  signature 
as' required,  his  vote  shall  be  rejected.  (L.  '05,  Sec.  2,  p.  65.) 

68.  Challenge  on  Ground  of  Conviction  of  Infamous  Crime. 

If  the  vote  of  any  person  be  challenged  on  the  ground  that 
he  has  been  convicted  of  an  infamous  crime,  and  shall  remain 
unpardoned  or  disfranchised  by  anv  court  of  a  competent  jur- 
isdiction, he  shall  not  be  required  to  answer  any  questions  re- 
specting such  alleged  conviction,  and  in  the  absence  of  any 
authenticated  record  of  such  act,  it  may  be  competent  for  two 
disinterested  witnesses,  upon  oath,  to  prove  the  same.  (L. 
'66,  Sec.  11,  p.  36.) 

69.  Closing  of  Polls  to  Be  Proclaimed. 

When  the  polls  are  closed,  proclamation  thereof  shall  be 
made  at  the  place  of  voting,  and  no  votes  shall  be  afterwards 
received.  (L.  '66,  Sec  12,  p.  36.) 


COUNTING  VOTES— DECLARING  THE  RESULT  AND 
CERTIFICATES. 


70.  Counting  Votes. 

As  soon  as  the  polls  are  closed  on  the  afternoon  of  the  day 
of  election,  the  judges  shall  open  the  ballot  box  and  commence 
counting  the  votes,  and  in  no  case  shall  the  box  be  removed 
from  the  room  in  which  any  election  may  be  held  until  all  the 
ballots  are  counted.  (L.  '66,  Se«.  1,  p.  37.) 

71.  Details  as  to  Counting  of  Ballots. 

The  counting  of  ballots  shall  in  all  cases  be  public.  The 
ballots  shall  be  taken  out  carefully,  one  by  one,  by  the  in- 


Election  Laws  of  the  State  of  Washington.  33 

spector  or  one  of  the  judges,  who  shall  open  them  and  read 
aloud  the  name  of  each  person  contained  therein,  and  the  office 
for  which  every  such  person  is  voted  for.  (L.  ?66,  Sec.  1, 
p.  38.) 

72.  Clerks  Shall  Keep  Tally,  Etc. 

Each  clerk  shall  write  down  each  office  to  be  filled,  and  the 
name  of  each  person  voted  for  for  such  office,  and  shall  keep 
the  number  of  votes  by  tallies  as  they  are  read  aloud  by  the 
inspector  or  judge.  The  counting  of  the  votes  shall  be  con- 
tinued without  adjournment  until  all  are  counted.  (L.  '66, 
Sec.  1,  p.  38.) 

73.  When  Tickets  Shall  Be  Rejected. 

If  two  tickets  are  found  folded  together  they  shall  both  be 
rejected,  and  if  more  persons  are  designated  on  any  ticket  for 
any  office  than  are  to  be  elected  to  such  office,  such  part  of  the 
ticket  shall  not  be  counted  for  any  of  them ;  but  no  ticket  shall 
be  lost  for  want  of  form,  or  mistake  in  initials  of  names,  if  the 
board  of  judges  can  determine  to  their  satisfaction  the  person 
voted  for  and  the  office  intended.  (L.'66,  Sec.  2,  p.  38.) 

74.  Disposition  of  Ballots. 

It  shall  be  the  duty  of  the  inspector,  or  one  of  the  judges, 
to  string  the  ballots  at  the  time  of  counting,  and  after  the  bal- 
lots have  been  counted  and  strung  it  shall  be  the  duty  of  the 
inspector  to  place  them  in  a  sealed  envelope  and  write  thereon 
"Ballots  of  -  -  precinct,  -  -  county,  State  of  Wash- 

ington, of  election  held  this  -  -  day  of  -  — ,  19 — ,"  and 
send  said  envelope  to  the  auditor  of  the  county  where  said  elec- 
tion is  held,  who  shall  keep  said  sealed  envelope  containing 
said  ballots  unopened  for  the  period  of  six  months,  to  be  used 
only  as  evidence  in  case  or  cases  of  contest  when  called  for,  at 
the  end  of  which  time  it  shall  be  the  duty  of  said  county  audi- 
tor to  burn  said  ballots  in  the  presence  of  two  other  county  of- 
ficers. (L.  '68,  Sec.  2,  p.  19.) 
-3 


34  Election  Laws  of  the  State  of  Washington. 

75.  How  to  Make  Out  Election  Returns. 

As  soon  as  all  the  votes  are  read  off  and  counted  a  certificate 
shall  be  drawn  up  on  each  of  the  papers  containing  the  poll 
list  and  tallies,  or  attached  thereto,  stating  the  number  of 
votes  each  person  voted  for  has  received  and  designating  the 
office  to  fill  which  he  was  voted  for,  which  number  shall  be 
written  in  words  at  full  length.  Each  certificate  shall  be 
signed  by  the  clerks,  the  judges  and  inspector ;  one  of  said 
certificates  with  ballots,  poll  lists  and  tally  paper,  oath  of  in- 
spector, judges  and  clerks  shall  be  sealed  up  by  the  inspector 
and  endorsed  "Election  returns,'1'  and  be  directed  or  sent  by 
the  inspector  to  the  county  auditor  of  the  county  in  which  the 
election  is  to  be  held.  (L.  '66,  Sec.  3,  p.  38.) 

76.  Delivery  of  Returns  to  County  Auditor,  Etc. 

The  said  package  shall  be  delivered  to  the  county  auditor 
by  one  of  the  judges  or  clerks  of  the  election  in  person,  or 
may  be  sent  by  registered  mail;  and  when  the  voting  precinct 
is  more  than  fifteen  (15)  miles  from  the  county  seat  the  said 
package  shall  be  forthwith  transmitted  to  the  county  auditor  by 
registered  mail.  When  sent  by  mail,  it  shall  be  mailed  by  one 
of  the  judges.  The  other  of  said  certificates,  with  poll  list 
and  tally  papers,  oaths  of  judges,  inspector  and  clerks  shall 
be  retained  by  the  inspector  and  preserved  by  him  at  least  six 
months.  Tally  papers,  poll  list  or  certificate  returned  from 
any  election  shall  not  be  set  aside,  nor  rejected  for  want  of 
form,  nor  on  account  of  not  being  strictly  in  accordance  with 
the  directions  of  this  chapter,  if  the  same  be  satisfactorily 
understood:  Provided,  That  if  any  judge  or  inspector  of 
election  shall  neglect  or  fail  to  seal  and  return  the  ballots, 
tally  list  and 'poll  books  in  the  manner  provided  by  law,  such 
judge  or  inspector  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  five  nor  more 
than  fifteen  dollars.  (L.  '03,  Sec.  1,  p.  124.) 

77.  Canvass  of  Votes. 

On  the  tenth  day  after  the  day  of  each  election,  or  as  soon 
as  he  shall  have  received  the  returns  from  each  precinct  of 


Election  Laws  of  the  State  of  Washington.  35 

the  county,  if  he  receive  them  within  that  time,  it  shall  be  the 
duty  of  the  county  auditor  to  notify  two  county  officers,*  one 
of  whom  shall  be  a  judge  of  probate,  to  be  present  at  the  of- 
fice of  said  county  auditor,  on  a  clay  named  by  said  county 
auditor,  for  the  purpose  of  canvassing  the  votes  cast  at  election 
in  the  different  precincts  of  the  county,  and  it  shall  be  the 
duty  of  the  judge  of  probate  present,  as  one  of  the  canvassers 
of  said  votes,  to  administer  the  following  oath  or  affirmation 
to  the  county  auditor  having  in  his  possession  the  election  re- 
turns of  said  county:  "I  do  solemnly  swear  (or  affirm)  that 
the  returns  purporting  to  be  the  election  returns  of  the  several 
precincts  in  this  county  have  been  in  no  wise  altered  by  addi- 
tions or  erasures,  and  that  they  are  the  same  as  when  I  re- 
ceived them.  So  help  me  God."  The  said  oath  or  affirmation 
to  be  in  writing  and  signed  by  the  county  auditor  and  certi- 
fied to  by  the  aforesaid  judge  of  probate  and  placed  on  file  in 
said  auditor's  office,  among  the  papers  appertaining  to  said 
election.  And  then  the  said  auditor,  with  the  assistance  of 
two  county  officers  aforesaid,  shall  proceed  to  count  the  votes 
of  said  county  or  precincts,  a  statement  of  which  shall  be  drawn 
up  and  signed  by  them.  And  it  shall  be  deemed  a  misde- 
meanor in  the  county  auditor,  if  he  shall  neglect  or  refuse  to 
return  the  total  number  of  votes  as  counted,  if  such  votes  can 
be  with  reasonable  certainty  ascertained.  (L.  '68,  Sec.  1,  p.  20.) 

78.  Board  to  Canvass  Election  Returns. 

The  county  auditor,  chairman  of  the  board  of  county  com- 
missioners and  prosecuting  attorney  shall  be  the  county  can- 
vassing board  of  election  returns  for  all  special  and  general 
county  and  state  elections  in  each  county.  (L.  '93,  Sec.  1, 
p.  271.) 

79.  Vacancy  in  Board  of  Canvassers. 

If  for  any  reason  there  is  a  vacancy  or  vacancies  in  the 
canvassing  board  provided  for  in  the  [this]  act,  the  remain- 

*This   section  is  amended  by  the  one  immediately  following  so  far  as 
the  canvassing  board  is  concerned. 


36  Election  Laws  of  the  State  of  Washington. 

ing  member  or  members  of  the  board  shall  have  the  power  and 
it  is  hereby  made  his  or  their  duty  to  choose  the  county  officer 
or  officers  to  fill  such  vacancy  or  vacancies.  (L.  '93,  Sec.  2, 
p.  271.) 

80.  Auditor  to  Issue  Certificate  of  Election. 

The  person  having  the  highest  number  of  votes  given  for 
each  office  to  be  filled  by  the  voters  of  a  single  county,  or  of  a 
precinct,  shall  be  declared  duly  elected,  and  the  county  audi- 
tor shall  immediately  notify  him  of  his  election,  and  it  shall 
be  the  duty  of  said  auditor  to  make  out  and  deliver  to  any 
person  so  notified  a  certificate  of  election,  upon  his  making 
application  to  the  auditor.  (L.  '67,  Sec.  3,  p.  7.) 

81.  Tie  Vote,  How  Decided. 

If  the  requisite  number  of  county  or  precinct  officers  shall 
not  be  elected  by  reason  of  two  or  more  persons  having  an 
equal  and  highest  number  of  votes  for  one  and  the  same  office, 
the  county  auditor  shall  give  notice  to  the  several  persons  so 
having  the  highest  and  an  equal  number  of  votes  to  attend  at 
the  office  of  the  auditor  at  the  time  to  be  appointed  by  said 
auditor,  who  shall  then  and  there  proceed  publicly  to  decide 
by  lot  which  of  the  persons  sc  having  an  equal  number  of 
votes  shall  be  declared  duly  elected,  and  the  said  auditor  shall 
make  out  and  deliver  to  the  person  thus  declared  duly  elected 
a  certificate  of  his  election,  as  hereinbefore  provided.  (L. 
'67,  Sec.  3,  p.  7.) 

82.  Proceedings  When  Canvassing  Officer  Is  a  Candidate. 

When  a  county  auditor  is  to  be  elected,  the  probate  judge 
shall  examine  the  returns  as  soon  as  they  are  filed,  and  issue 
to  the  person  chosen  a  certificate  of  election  in  the  form  pre- 
scribed in  the  preceding  section.  (L.  '66,  Sec.  8,  p.  39.) 

83.  Returns  Affecting  District   Officer. 

When  there  are  officers  voted  for  who  are  to  be  chosen  by 
the  electors  of  a  district  composed  of  two  or  more  counties  it 


Election  Laics  of  the  State  of  Washington.  37 

shall  be  the  duty  of  each  of  the  county  auditors  of  the  coun- 
ties composing  such  district,  immediately  after  making  out 
the  statement  specified  in  section  four  hundred  and  seventeen, 
to  extract  therefrom  so  much  as  relates  to  the  election  of  such 
officers,  and  to  certify  under  his  hand  and  the  seal  of  the 
county  that  such  extract  contains  a  full  statement  of  all  the 
votes  given  for  district  officer  as  returned  to  him,  and  without 
delay  transmit  the  same  to  the  auditor  of  the  senior  of  the 
counties  composing  such  district.  The  said  county  auditor 
shall  compare  the  returns,  make  up  a  statement  of  the  vote  of 
the  district  for  such  officers,  and  file  the  same,  together  with 
the  returns  from  the  other  counties,  in  like  manner  as  is  pre- 
scribed in  section  four  hundred  and  seventeen  of  this  volume 
of  General  Statutes.  He  shall  also  make  out  and  transmit 
to  the  Secretary  of  State  such  statement  of  the  votes  of  the 
district,  signed  by  him  officially  and  authenticated  with  the 
seal  of  the  county,  and  shall  furnish  the  person  elected  a 
certificate  of  election.  (H.  C.,  Sec.  421.) 

84.    Duties   of   County   Auditors  and   Secretary  of   Statei  as  to   Election 
Returns. 

When  there  are  other  officers  voted  for  who  are  chosen  by 
the  qualified  voters  of  this  state,*  it  shall  be  the  duty  of  each 
county  auditor  so  soon  as  the  statement  of  the  vote  of  his 
county  is  made  out  as  required  in  section  four  hundred  and 
seventeen  of  this  volume  of  General  Statutes,  to  copy  therefrom 
so  much  as  relates  to  the  vote  given  for  such  officer,  certify  to 
the  correctness  thereof  under  his  hand  and  the  seal  of  the 
county,  and  transmit  the  same  to  the  Secretary  of  State,  in- 
dorsing on  the  package  the  words  "Election  returns."  On  the 
thirtieth  day  after  the  day  of  election,  or  as  soon  as  the  re- 

*The  election  returns  for  the  offices  of  Governor,,  Lieutenant  Governor, 
Secretary  of  State,  Treasurer,  Auditor,  Attorney  General,  Superintendent 
of  Public  Instruction  and  Commissioner  of  Public  Lands  must  be  returned 
to  the  Secretary  of  State  in  the  manner  provided  in  article  III,  section  4, 
constitution.  They  must  be  indorsed  as  follows:  "Election  returns  for 
state  officers,"  and  transmitted  separate  from  other  election  returns,  by 
registered  mail. 


38  Election  Laws  of  the  State  of  Washington. 

turns  shall  have  been  received  from  all  the  counties  of  the 
state,  if  received  within  that  time,  the  Secretary  of  State  shall 
compare  and  estimate  the  vote  and  make  out  and  file  in  his  of- 
fice a  statement  thereof,  a  copy  of  which  shall  be  transmitted 
to  the  Governor.  Upon  this  statement  the  commission  or 
certificate  shall  issue.  (H.  C.,  Sec.  422.) 

85.  Auditor   Must   Transmit  Certified   Copy   of  Abstract   of   Vote. 

It  shall  be  and  is  hereby  made  the  duty  of  the  county  audi- 
tor in  each  county  of  this  state,  immediately  after  making  ab- 
stracts of  the  vote  given  in  his  county,  at  the  general  or  special 
election,  for  members  of  the  Legislature,  county,  state  or  dis- 
trict officers,  or  members  of  congress,  to  transmit  by  mail  a 
certified  copy  of  said  abstract  to  the  Secretary  of  State,  at  the 
seat  of  government.  It  shall  be  the  duty  of  the  Secretary  of 
State  to  furnish  uniform  and  proper  blanks  to  each  and  every 
county  auditor  in  the  state,  on  which  said  county  auditor  shall 
make  returns  to  the  secretary's  office.  The  county  auditor 
shall  make  returns  of  all  persons  voted  for  for  state,  county 
and  district  officers.  (L.  '95,  Sec.  12,  p.  394.) 

86.  Informality  Shall  Not  Deter  Issuance  of  Certificate. 

E"o  certificate  shall  be  withheld  on  account  of  any  defect 
or  informality  in  the  returns  of  any  election  if  it  can  with 
reasonable  certainty  be  ascertained  from  such  return  what 
office  is  intended  and  who  is  entitled  to  such  certificate,  nor 
shall  any  commission  be  withheld  by  the  Governor  on  account 
of  any  defect  or  informality  of  any  return  made  to  the  office 
of  the  Secretary  of  State.  (L.  '66,  Sec.  13,  p.  41.) 

87.  Returns  to  Be  Transmitted  by  Registered  Mail. 

Whenever  returns  are  -required  to  be  transmitted  by  the 
county  auditor  to  the  Secretary  of  State,  it  shall  be  the  duty 
of  the  county  auditor  to  deliver  the  same  to  some  postmaster 
of  the  county  at  the  postoffice,  to  be  transmitted  by  registered 
mail.  (L.  '66,  Sec.  14,  p.  41.) 


Election  Laws  of  the  State  of  Washington.  39 

88.    When  Special  Election  Is  Necessary  to  Decide  Tie  Vote. 

If  at  any  election  to  fill  any  district  or  legislative  office, 
two  or  more  persons  receive  the  highest  and  equal  number  of 
votes,  it  shall  be  declared  that  there  is  no  choice,  and  a  special 
election  to  fill  such  office  shall  be  ordered  by  the  proper  officer. 
(L.  '66,  Sec.  15,  p.  41.) 


CONTESTING  ELECTIONS. 


89.  Causes  for  Contesting  Elections. 

Any  elector  of  the  proper  county  may  contest  the  right  of 
any  person  declared  duly  elected  to  an  office  to  be  exercised  in 
and  for  such  county;  and  also  anv  elector  of  a  precinct  may 
contest  the  right  of  any  person  declared  duly  elected  to  any 
office  in  and  for  such  precinct,  for  any  of  the  following  causes : 

1.  For  malconduct  on  the  part  of  the  board  of  judges  or 
any  member  thereof. 

2.  When  the  person  whose  right  to  office  is  contested  was 
not,  at  the  time  of  election,  eligible  to  such  office. 

3.  When  the  person  whose  right  is  contested  shall  have 
been,  previous  to  such  election,  convicted  of  an  infamous  crime 
by   any  court  of  competent  jurisdiction,   such  conviction   not 
having  been  reversed  nor  such  person  relieved  from  the  legal 
infamy  of  such  conviction. 

4  When  the  person  whose  right  is  contested  has  given 
to  any  elector  or  inspector,  judge  or  clerk  of  election,  any 
bribe  or  reward,  or  shall  have  offered  any  such  bribe  or  re- 
ward for  the  purpose  of  procuring  his  election. 

5.     On  account  of  illegal  votes.      (L.  '66,  Sec.  1,  p.   42.) 

90.  Malconduct  of  Judges,  When  Sufficient  to  Annul  Election. 

Xo  irregularity  or  improper  conduct  in  the  proceedings  of 
the  board  of  judges,  or  any  one  of  them,  shall  be  construed  to 


40  Election  Laws  of  the  State  of  Washington. 

amount  to  such  nialconduct  as  to  annul  or  set  aside  any  elec- 
tion, unless  the  irregularity  or  improper  conduct  shall  have 
been  such  as  to  procure  the  person  whose  right  to  the  office 
may  be  contested  to  be  declared  duly  elected  when  he  had  not 
received  the  highest  number  of  legal  votes.  (L.  766,  Sec.  2, 
p.  43.) 

91.  County  Election  to  Be  Annulled  Only  Upon  One  Condition. 

When  any  election  held  for  an  office  exercised  in  and  for 
a  county  is  contested  on  account  of  any  nialconduct  on  the 
part  of  the  board  of  judges  of  any  precinct  election,  or  any 
member  thereof,  the  election  shall  not  be  annulled  and  set 
aside  upon  any  proof  thereof,  unless  the  rejection  of  the  vote 
of  such  precinct  or  precincts  shall  change  the  result  as  to 
such  office  in  the  remaining  vote  of  the  county.  (L.  '66,  Sec. 
3,  p.  43.) 

92.  Election  May  Be  Set  Aside  on  Account  of  Illegal  Votes. 
Nothing  in  the  fifth  ground  of  contest,  specified  in  section 

four  hundred  and  twenty-seven  of  this  volume  of  General 
Statutes,  shall  be  so  construed  as  to  authorize  an  election  to 
be  set  aside  on  account  of  illegal  votes,  unless  it  shall  appear 
that  an  amount  of  illegal  votes  has  been  given  to  the  person 
whose  right  to  the  office  is  contested,  which  if  taken  from  him, 
would  reduce  the  number  of  his  legal  votes  below  the  number 
of  votes  given  to  some  other  person  for  the  same  office  after 
deducting  therefrom  the  illegal  votes  which  may  be  shown  to 
have  been  given  to  such  other  person.  (L.  '66,  Sec.  4,  p.  43.) 

93.  Person  Cannot  Contest  Election  Unless  He  Is  a  Qualified  Elector. 
No  person  shall  be  competent  to  contest  an  election  unless 

he  is  a  qualified  elector  of  the  district,  county  or  precinct,  as 
the  case  may  be,  in  which  the  office  is  to  be  exercised.  (L. 
'66,  Sec.  5,  p.  43.) 

94.  Statement  of  Contestant. 

When  any  such  elector  shall  choose  to  contest  the  right  of 
any  person  declared  duly  elected  to  such  office,  he  shall, 


Election  Laws  of  the  State  of  Washington.  41 

within  ten  days  after  such  person  shall  have  been  declared 
elected  to  such  office,  file  with  the  clerk  of  the  Superior  Court 
of  the  county  a  written  statement  setting  forth  specifically— 

1.  The  name  of  the  party  contesting  such  election,   and 
that  he  is   a  qualified  elector  of  the   district,   county  or   pre- 
cinct, as  the  case  may  be,  in  which  such  election  was  held. 

2.  The  name  of  the  person  whose   right  to  the   office   is 
contested. 

3.  The  office. 

4.  The  particular  cause  or  causes  of  such  contest,  which 
statement  shall  be  verified  by  the   affidavit  of  the   contesting 
party  that  the  matters  and  things  therein  contained  are  true, 
as  he  verily  believes.     (L.  '66,  Sec.  6,  p.  43.) 

95.  Sufficiency  of  Testimony. 

When  the  reception  of  illegal  votes  is  alleged  as  a  cause  of 
contest,  it  shall  be  sufficient  to  state  generally  that  illegal 
votes  were  cast,  which,  if  given  to  the  person  whose  election 
is  contested  in  the  specified  precinct  or  precincts  will,  if  taken 
from  him,  reduce  the  number  of  his  legal  votes  below  the  num- 
ber of  legal  votes  given  to  some -other  person  for  the  same  of- 
fice ;  but  no  testimony  shall  be  received  of  any  illegal  votes  un- 
less the  party  contesting  such  election  shall  deliver  to  the  op- 
posite party,  at  least  three  days  before  such  trial,  a  written 
list  of  the  number  of  illegal  votes  and  by  whom  given,  which 
he  intends  to  prove  on  such  trial,  and  no  testimony  shall  be 
received  of  any  illegal  votes  except  such  as  are  specified  in 
such  list.  (L.  -66,  Sec.  7,  p.  43.) 

96.  Statement  of  Cause  of  Contest  Not  to  Be  Rejected  for  Want  of  Form. 

No  statement  of  the  cause  of  contest  shall  be  rejected,  nor 
the  proceedings  'thereon  dismissed  by  any  court  before  which 
such  contest  may  be  brought  for  trial,  for  want  of  form,  if 
the  particular  cause  or  causes  of  contest  shall  be  alleged  with 
such  certainty  as  will  sufficiently  advise  the  defendant  of  the 
particular  proceedings  or  cause  for  which  such  election  is 
contested.  (L.  '66,  Sec.  8,  p.  44.) 


42  Election  Laws  of  the  State  of  Washington. 

97.  Trial  of  Contest. 

Upon  such  statement  being  filed,  it  shall  he  the  duty  of  the 
clerk  to  inform  the  judge  of  the  superior  court,  who  may  give 
notice  and  order  a  session  of  said  court  to  be  held  at  the  usual 
place  of  holding  said  court,  on  some  day  to  be  named  by  him, 
not  less  than  ten  nor  more  than  twenty  days  from  the  date  of 
such  notice,  to  hear  and  determine  such  contested  election : 
Provided,  If  no  session  be  called  for  the  purpose,  such  con- 
test shall  be  determined  at  the  first  regular  session  of  said 
court  after  such  statement  is  filed.  (  L.  766,  Sec.  9,  p.  4-1.) 

98.  Citation  and  Service  Upon  Party  Whose  Right  to  Office  Is  Contested. 

The  clerk  of  said  court  shall  also  at  the  time  issue  a  cita- 
tion for  the  person  whose  right  to  the  office  is  contested,  to  ap- 
pear at  the  time  and  place  specified  in  said  notice,  which  cita- 
tion schall  be  delivered  to  the  sheriff  or  constable,  and  be 
served  upon  the  party  in  person ;  or,  if  he  can  not  be  found, 
by  leaving  a  copy  thereof  at  the  house  where  he  last  resided. 
(L.  '66,  Sec.  10,  p.  45.) 

99.  Witnesses  May  Be  Summoned  and  Compelled  to  Attend. 

The  said  clerk  shall  issue  subpoeenas  for  witnesses  in  such 
contested  election  at  the  request  of  either  part,  which  shall  be 
served  by  the  sheriff  or  constable  as  other  subpoenas,  and  the 
superior  court  shall  have  full  power  to  issue  attachments  to 
compel  the  attendance  of  witnesses  who  shall  have  been  duly  sub- 
poenaed to  attend  if  they  fail  to  do  so.  (L.  '66,  Sec.  11,  p. 
45.) 

100.  Hearing  of  Election  Contest. 

Said  court  shall  meet  at  the  time  and  place  designated  to 
determine  such  contested  election  by  the  rules  of  law  and  evi- 
dence governing  the  determination  of  questions  of  law  and 
fact,  so  far  as  the  same  may  be  applicable,  and  may  dismiss 
the  proceedings  if  the  statement  of  the  cause  or  causes  of  con- 
test is  insufficient,  or  for  want  of  prosecution.  After  hearing 


Election  Laws  of  the  State  of  Washington.  43 

the  proofs  and  allegations  of  the  parties,  the  court  shall  pro- 
nounce judgment  in  the  premises,  either  confirming  or  annul- 
ling and  setting  aside  such  election,  according  to  the  law  and 
right  of  the  case.  (L.  '66,  Sec.  12,  p.  45.) 

101.  Other  Person  Than  One  Returned  May  Be  Declared  Elected. 

If  in  any  case  it  shall  appear  that  another  person  than  the 
one  returned  has  the  highest  number  of  legal  votes,  said  court 
shall  declare  such  person  duly  elected.  (L.  '66,  Sec.  13,  p. 
45.) 

102.  Costs,  How  to  Be  Awarded  Where  Election  Is  Confirmed. 

If  the  proceedings  are  dismissed  for  insufficiency,  want  of 
prosecution,  or  the  election  is  by  the  court  confirmed,  judg- 
ment shall  be  rendered  against  the  party  contesting  such  elec- 
tion for  costs,  in  favor  of  the  party  whose  election  was  con- 
tested. (L.  '66,  Sec.  15,  p  .45.) 

103.  Costs,  How  to  Be  Awarded  Where  Election  Is  Annulled. 

If  such  election  is  annulled  and  set  aside,  judgment  for 
costs  shall  be  rendered  against  the  party  whose  election  was 
contested,  in  favor  of  the  party  contesting  the  same.  (L. 
;66,  Sec.  16,  p.  45.) 

104.  Appeal  May  Be  Taken  to  Supreme  Court. 

Either  party  feeling  himself  aggrieved  by  the  judgment 
of  said  court  may  appeal  therefrom  to  the  Supreme  Court  as 
in  other  cases  of  appeal  thereto.  (L.  '66,  Sec.  18,  p.  46.) 

105.  Certificate  of  Election  Becomes  Void,  When. 

Whenever  an  election  shall  be  annulled  and  set  aside  by 
the  judgment  of  the  Superior  Court,  when  no  appeal  has  been 
taken  therefrom  within  ten  days,  such  certificate  or  commis- 
sion, if  any  have  been  issued,  shall  be  thereby  rendered  void. 
(L.  '66,  Sec.  19,  p.  46.) 


44  Election  Laws  of  the  State  of  Washington. 


CONTESTING  ELECTION  OF  MEMBERS  OF 
LEGISLATURE. 


106.  Who  May  Contest  Election  of  Members  of  the  Legislature. 

The  right  of  any  person  declared  duly  elected  to  a  seat  in 
the  council  [senate]  or  house  of  represent atives,  may  be  con- 
tested by  any  qualified  voter  of  the  county  or  district  to  be 
represented  by  such  councilman  [senator]  or  representative. 
(Sec  3125,  Code  1881.) 

107.  Contestant  to  File  Statement  With  Clerk  of  Court. 

The  person  contesting  such  election  shall,  within  thirty 
days  after  election,  file  with  the  clerk  of  the  district  court  of 
the  district  in  which  the  alleged  cause  or  causes  of  the  contest 
originated,  a  concise  statement  of  the  grounds  on  which  he 
intends  to  rely,  verified  by  affidavits.  (Sec.  3126,  Code  1881.) 

108.  Clerk  to  Issue  Commission  to  Take  Depositions. 

Immediately  on  the  filing  of  such  statement  in  the  clerk's 
office,  the  said  clerk  shall  issue  a  commission  directed  to  two 
justices  of  the  peace  in  the  contestant's  district,  to  meet  at 
such  time  and  place  as  shall  be  specified  in  such  commission, 
not  less  than  twenty  nor  more  than  thirty  days  from  the  time 
of  issuing  the  same,  for  the  purpose  of  taking  depositions  of 
such  witnesses  as  the  parties  to  such  contest  may  wish  to  ex- 
amine. (Sec.  3127,  Code  1881.) 

109.  Requisites  of  Notice,  How  Served. 

Written  notice  of  such  contest,  specifying  the  time  and 
place  of  taking  depositions,  and  before  whom  to  be  taken,  and 
a  copy  of  the  statement  certified  by  the  clerk  of  the  said  court, 
shall  be  delivered  to  the  person  whose  election  is  contested, 
or,  if  he  cannot  be  found,  it  shall  be  left  at  the  house  where  he 
last  resided  by  the  sheriff  of  the  county  in  which,  such  person 


Election  Laws  of  the  State  of  Washington.  45 

claims  his  residence,  within,  ten  days  after  such  statement  shall 
have  been  filed  in  the  clerk's  office.     (Sec.  3128,  Code  1881.) 

no.    Sheriff  to  Return  Notice  to  Clerk. 

The  sheriff  into  whose  hands  such  notice  and  certified  copy 
may  come  shall  make  due  service  thereof,  and  shall  return  to 
the  proper  clerk  a  certified  copy  of  such  notice,  with  the  man- 
ner and  time  of  service  indorsed  thereon,  for  which  he  shall 
be  entitled  to  receive  from  the  party  contesting  such  election 
the  same  fees  for  service  and  mileage  as  are  allowed  in  the 
district  court  for  the  service  of  original  writs.  (Sec.  3129, 
Code  1881.) 

in.    Witnesses  Must  Attend. 

Either  of  said  justices  of  the  peace  shall  have  power,  at 
at  any  time,  to  issue  subpoenas  for  witnesses,  at  the  request  of 
either  party,  to  be  served  by  the  sheriff  as  other  subpoenas,  and 
such  justices,  when  met  at  the  time  and  place  appointed  to 
take  such  depositions,  shall  have  the  same  power  to  issue  at- 
tachments and  assess  fines  against  witnesse  as  given  to  jus- 
tices of  the  peace  in  the  trial  suits  instituted  before  them. 
(Sec.  3130,  Code  1881.) 

112.  Depositions  of  Witnesses. 

Said  justices  of  the  peace  shall  meet  at  the  time  and  place 
appointed  to  take  the  depositions  of  witnesses  produced  by 
the  parties,  which  shall  be  reduced  to  writing  by  said  justices, 
and  sworn  to  and  subscribed  by  said  witnesses,  respectively, 
and  duly  certified  by  said  justices  as  depositions  are  in  other 
cases,  noting  in  the  caption  of  each  deposition  by  which  party 
the  witness  was  called.  (Sec.  3131,  Code  1881.) 

113.  Examination  to  Continue  From  Day  to  Day. 

Said  justices  may  continue  said  examination  from  day  to 
day,  if  the  business  shall  require  it,  and  when  the  same  is 
closed  they  shall  deliver  the  depositions  taken  before  them,  to- 
gether with  their  said  commissions,  to  the  clerk  of  the  dis- 


46  Election  Laws  of  the  State  of  Washington. 

trict  court  by  whom  the  same  was  issued.      (Sec.  3132,  Code 
1881.) 

114.  Clerk  to  Appoint  Justice  in  Case  of  Failure  to  Serve. 

If,  at  any  time,  either  of  the  said  justices  shall  become  un- 
able to  proceed  in  such  examination,  said  clerk  may  supply  the 
vacancy  by  designating  any  other  justice  of  the  peace  of  the 
district  in  the  place  of  such  justice.  (Sec.  3133,  Code  1881.) 

115.  Fees  to  Be  Allowed  Sheriff  and  Justices. 

The  sheriff,  for  the  service  of  such  subpoenas,  and  the  jus- 
tice for  issuing  the  same  and  taking  the  deposition,  shall  re- 
ceive from  the  party  at  whose  instance  such  service  was  per- 
formed, the  same  fees  as  are  allowed  them  for  similar  service 
in  other  cases.  (Sec.  3134,  Code  1881.) 

116.  Clerk  to  Transmit  Proceedings  to  Secretary. 

It  shall  be  the  duty  of  said  clerk  to  seal  up  such  deposi- 
tions, together  with  the  original  statement  of  the  grounds  of 
such  contest,  and  the  copy  of  notice  served  upon  the  party 
whose  right  is  contested,  and  the  commission  issued  to  the 
justices  of  the  peace,  and  transmit  the  same  by  mail  to  the 
Secretary  of  State,  indorsing  thereon  the  names  of  the  con- 
testing parties,  and  the  branch  of  the  legislature  before  which 
such  contest  is  to  be  tried.  (Sec.  3135,  Code  1881.) 

117.  Duty  of  Secretary  of  State. 

It  shall  be  the  duty  of  the  Secretary  of  State  to  deliver  the 
same  unopened  to  the  presiding  officer  of  the  House  in  which 
such  contest  is  to  be  tried,  on  or  before  the  second  day  of  the 
session  of  the  Legislature  next  after  taking  such  depositions, 
and  such  presiding  officer  shall  immediately  give  notice  to  said 
House  that  said  papers  are  in  his  possession.  (Sec.  3136, 
Code  1881.) 

118.  Respective  Houses  to  Try  Contested  Election. 

Each  House  of  the  Legislature  is  the  judge  of  the  quali- 
fications and  election  of  its  members,  and  shall  try  all  con- 


Election  Laws  of  the  State  of  Washington.  47 

tested  elections  of  its  members  in  such  manner  as  it  may  di- 
rect.     (Sec,   3137,   Code  1881.) 

1 1 9.  Depositions  May  Be  Taken  After  Notice  of  Contest,  Etc. 

At  any  time  after  notice  of  any  contest  shall  be  given  and 
before  the  trial  of  such  contested  election  before  the  proper 
branch  of  the  Legislature,  it  may  be  lawful  for  either  party 
to  such  contest  to  make  depositions  to  be  read  on  the  trial 
thereof,  in  like  manner  and  under  the  same  rules  as  are  al- 
lowed and  required  in  the  cases  of  depositions  to  be  read  on 
any  trial  pending  in  the  district  court,  and  such  deposition 
when  thus  taken  shall  be  sealed  up  by  the  officer  taking  the 
same  and  directed  to  the  Secretary  of  State,  who  shall  keep 
the  same  unopened  and  deliver  them  to  the  presiding  officer 
of  the  House  in  which  such  contest  is  to  be  tried,  to  be  disposed 
of  by  such  officer  as  the  depositions  specified  in  section  3135. 
(Sec.  3138,  Code  1881.) 

120.  Legislature  May  Authorize  Taking  of  Depositions. 

Nothing  contained  in  this  chapter  shall  be  so  construed  as 
to  abridge  the  right  of  either  branch  of  the  Legislature  trying 
any  contested  election,  from  granting  commissions  to  take  tes- 
timony, or  from  sending  for  and  examining  before  such  branch 
any  witnesses  it  may  desire  to  hear  on  such  trial.  (Sec.  3139, 
Code  1881.) 


ELECTION  TO  FILL  VACANCIES  IN  LEGISLATURE. 


121.    Vacancy  in  Legislature,  How  to  Be  Filled— Writ  of  Election. 

Whenever  a  vacancy  occurs  in  the  Legislature  of  the  State 
of  Washington  during  or  prior  to  any  session  of  the  Legisla- 
ture which  occurs  before  any  general  election  of  the  State  of 
Washington,  it  shall  be  the  duty  of  the  Governor  of  the  state 
to  forthwith  issue  a  writ  of  election  providing  for  the  filling 


48  Election  Laws  of  the  State  of  Washington. 

of  such  vacancy  by  an  election;  said  writ  shall,  in  substance, 
be  as  follows: 

The  State  of  Washington  to  the  electors  of  (senatorial  or  rep- 
resentative) district,  county  or  counties,  of  the  State  of  Washington, 
greeting : 

You  are  hereby  commanded  to  hold  an  election  to  fill  the  vacancy  in 

the    (here  state  whether   in  the   house  or   senate)    caused   by 

the (here   state    cause   of    vacancy),   which    ?aid   election   'shall 

be  held  upon  the day  of A.  D.  190 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and  caused  the 
seal  of  the  State  of  Washington  to  be  affixed  thereto. 

,  Governor. 

Attest :      ,  Secretary  of  State. 

Which  said  writ  shall  be  at  once  transmitted  to  the  audi- 
tor or  auditors  of  the  county  or  counties  wherein  said  district 
is  situated.  (L.  '91,  Sec.  1,  p.  2.) 

122.  Election,  How  to  Be  Held. 

Such  election  shall  be  held  in  every  way  as  provided  by 
law  for  general  elections  in  the  State  of  Washington,  except 
as  herein  otherwise  provided.  (L.  '91,  Sec.  2,  p.  3.) 

123.  Notice  of  Election,  by  Whom  and  How  to  Be  Given. 

It  shall  be  the  duty  of  the  auditor  or  auditors  of  the  coun- 
ty or  counties  wherein  the  district  is  situated,  wherein  said 
election  is  to  be  held,  to  give  notice  of  such  election  by  posting- 
notices  of  the  same  in  at  least  four  public  places  within  said 
district,  or  if  said  district  be  composed  of  more  than  one 
county,  then  in  four  public  places  in  either  county,  and  by 
posting  one  notice  at  the  front  door  of  the  court  house  of  the 
county  or  counties  wherein  said  district  is  situated,  in  sub- 
stance following: 

To   the   electors   of    (senatorial   or   representative   district,   as 

the  case  may  be),  in  the  county  of  ,  in  State  of  Washington: 

Notice  is  hereby  given  that  by  virtue  of  a  writ  of  elect  ion  issued  by 
his  excellency  the  Governor  of  the  State  of  Washington,  an  election  will  be 

held  for  the  purpose  of  electing  a   (representative  or  'senator,  as 

the  case  may  be),  from  the district,  in  the  county,  or  counties,  of 

,  in  the  State  of  Washington,  to  till  the  vacancy  caused  by  the 

(state  cause  of  vacancy),  upon  the   day  of   , 


Election  Laws  of  the  State  of  Washington.  49 

190.  .,  at  the  various  voting  places  within  said  district,  where  the  last 
general  election  was  held,  within  the  usual  hours  provided  by  law  for 
holding  general  elections. 

In  witness   whereof,  I  have   hereunto  set  my  hand,  this    day 

of  ....  • ,  190..  , 

County  Auditor  of   County. 

Which  said  notice  shall  also-  be  published  once  in  some 
newspaper  published  within  the  county  or  counties  in  which 
said  district  is  situated,  if  there  be  a  newspaper  in  said  county 
or  counties,  and  if  not  then  in  some  newspaper  of  general  cir- 
culation within  said  district.  (L.  '91,  Sec.  3,  p.  3.) 

124.  Further  Requirements  as  to  Notice. 

Said  notice  shall  be  posted  at  least  ten  days  prior  to  the 
day  when  said  election  is  to  be  held ;  and  be  published  in  said 
newspaper  at  least  five  days  before  the  day  of  holding  said 
election.  It  shall  also  be  the  duty  of  the  county  auditor  or 
auditors,  in  addition  to  posting  and  giving  said  notice,  as  here- 
inbefore provided  for,  to  give  a  copy  of  said  notice  to  the  chair- 
man or  any  member  of  the  county  central  committee  of  all 
the  political  organizations  existing  within  the  county  or  coun- 
ties in  which  said  district  is  situated,  at  least  ten  days  before 
the  day  when  said  election  shall  be  held.  (L.  '91,  Sec.  4, 
p.  4.) 

125.  Registration  of  Voters— Who  Entitled  to  Vote. 

The  registration  of  voters  for  the  general  election,  or, 
where  the  district  is  within  an  incorporated  city,  for  the  mu- 
nicipal election  next  preceding  the  holding  of  the  special  elec- 
tion, shall  be  deemed  to  be  a  registration  of  voters  for  the  pur- 
poses of  such  special  election,  and  shall  be  used  at  such  elec- 
tion as  the  registration  of  such  special  election:  Provided, 
That  any  voter  not  registered  who  has  become  entitled  to  vote 
since  last  registration  shall  be  entitled  to  vote  upon  proving 
to  the  satisfaction  of  the  judges  and  inspector  of  the  said 
election  that  such  voter  is  entitled  to  vote,  and  that  such  voter 
has  become  entitled  to  vote  since  the  last  registration  was 
closed.  (L.  '91,  Sec.  5,  p.  4.) 
—4 


50  Election  Laws  of  the  State  of  Washington. 

126.  Nomination  of  Candidate. 

All  nominations  of  candidates  for  the  office  to  be  filled  by 
the  writ  of  election  hereinbefore  provided  for  shall  be  filed 
with  the  auditor  of  the  county  or  counties  wherein  said  dis- 
trict is  situated  at  least  five  days  before  the  day  appointed  for 
said  election.  (L.  ?95,  Sec.  "6,  p.  4.) 

127.  How  Candidate  May  Be  Appointed. 

In  addition  to  the  manner  in  which  candidates  may  be 
nominated  by  law  for  such  special  election,  the  candidates  for 
the  office  named  in  such  writ  of  election  may  be  nominated 
by  the  chief  committee  of  any  political  organization  within  the 
county  or  counties  wherein  said  district  is  situated.  (L.  '91, 
Sec.  7,  p.  4.) 

128.  Officers  of  Special  Election. 

At  such  special  election  the  judges  and  inspectors  of  elec- 
tion appointed  by  the  county  commissioners  of  the  county  or 
counties  wherein  said  district  is  situated  for  the  last  general 
election  preceding  such  special  election  shall  be  deemed  to  be 
the  officers  of  such  special  election,  and  the  county  auditor 
shall,  immediately  -upon  receiving  the  writ  of  election  from 
the  Governor,  proceed  to  notify  said  officers  of  the  hold- 
ing of  said  election.  (L.  '91,  Sec.  8,  p.  4.) 

129.  Intimidation  or  Bribing  of  Voters. 

If  any  person  shall  use  any  menaces,  force,  threats,  or  any 
corrupt  means  at  or  previous  to  any  election  held  pursuant  to 
the  laws  of  this  state,  towards  any  elector  to  hinder  or  deter 
such  elector  from  voting  at  said  election,  or  shall  directly  or 
indirectly  offer  any  bribe  or  reward  of  any  kind  to  induce  any 
elector  to  vote  contrary  to  his  inclinations,  or  shall  on  the  day 
of  election  give  any  public  treat  or  authorize  any  person  to  do 
so  to  obtain  votes  for  any  person,  such  person  so  offending 
shall  be  fined  in  any  sum  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  or  shall  be  imprisoned  in  the  peni- 


Election  Laws  of  the  State  of  Washington.  51 

tentiary  not  less  than  one  year  nor  more  than  five  years,   or 
by  both  such  fine  and  imprisonment.     (L.  '01,  Sec.  1,  p.  298.) 

130.  Violations  to  Be  Submitted  to  Jury. 

It  shall  be  the  duty  of  the  prosecuting  attorney  of  each 
county  to  present  all  violations  of  the  election  laws  which  may 
come  to  his  knowledge  to  the  special  consideration  of  the 
proper  jury.  (L.  '66,  Sec.  10,  p.  52.) 

131.  Fees  of  Election  Officers. 

The  fees  of  officers  of  election  shall  be  as  follows:  To  the 
inspectors,  judges  and  clerks  of  an  election,  three  dollars 
($3.00)  per  day;  the  person  carrying  the  returns  to  the  county 
auditor  shall  be  entitled  to  ten  cents  ($0.10)  per  mile  for 
each  mile  traveled.  (L.  795,'  Sec.  1,  p.  26.) 

132.  Number  of  Ballots  for  Each  Precinct. 

The  clerk  of  the  board  of  county  commissioners  of  each 
county  shall  provide,  for  each  election  precinct  in  the  county, 
two  ballots  for  every  elector  registered  in  the  precinct.  If 
there  is  no  register  in  the  precinct,  the  clerk  of  the  board  of 
county  commissioners  shall  provide  ballots  to  the  number  of 
two  for  each  elector  who  voted  at  the  last  preceding  election 
in  the  precinct:  Provided,  That  if  he  has  reason  to  believe 
that  there  has  been  an  increase  in  the  number  of  electors  in 
any  precinct  where  there  is  no  register,  he  shall  provide  for 
such  precinct  the  number  of  ballots  double  the  estimated  num- 
ber of  electors  in  such  precinct:  And  provided  further,  That 
in  municipal  elections  it  shall  be  the  duty  of  the  municipal 
clerk  to  provide  ballots  as  specified  in  this  section.  (L.  '95, 
Sec.  1,  p.  35.) 


52  Election  Laws  of  the  State  of  Washington. 


REGISTRATION  OF  VOTERS. 


133-    Registration  of  Voters. 

In  all  cities  and  towns,  and  all  voting  precincts  having  a 
voting  population  of  two  hundred  and  fifty  or  more,  who  are 
entitled  to  the  right  of  suffrage,  as  shown  by  the  number  of 
votes  cast  at  the  preceding  general  election,  there  shall  be  a 
registration  of  voters,  prior  to  all  general  or  municipal  elec- 
tions, as  herein  provided.  (L.  790,  Sec.  1,  p.  414.) 

134.  Registration  of  Voters  in  Precincts  Overlapping  Corporate  Boundary 

Lines. 

In  precincts  where  an  incorporated  city  or  town  forms  a 
part  of  voting  precinct,  and  where  any  portion  of  a  city  or 
town  forms  a  part  of  a  precinct  extending  beyond  the  corpor- 
ate limits,  there  shall  be  a  registration  of  voters:  Provided, 
The  board  of  county  commissioners  may  appoint  the  clerk  of 
a  city  or  town  in  such  a  precinct  the  officer  of  registration  for 
that  portion  of  such  a  precinct  without  the  city  or  town,  but 
the  voters  within  the  city  or  town,  and  those  without,  shall 
be  registered  in  separate  poll  books  of  registration.  (L.  '91, 
Sec.  1,  p.  198.) 

135.  Voters  of  Such  Precincts,  by  Whom  to  Be  Registered. 

The  voters  of  any  such  precinct  resident  within  the  cor- 
porate limits  of  an  incorporated  city  or  town,  shall  be  regis- 
tered by  the  clerk  of  said  city  or  town,  and  those  voters  resi- 
dent within  the  precinct,  but  without  the  corporate  limits  of 
a  city  or  town,  shall  be  registered  by  an  officer  of  registration 
to  be  appointed  by  the  board  of  county  commissioners.  (L. 
'91,  Sec.  2,  p.  198.) 

136.  Time  and  Manner  of  Registration. 

The  time  and  manner  of  registration  under  this  act  shall 
be  the  same  as  that  prescribed  by  law.  (L.  '91,  Sec.  3,  p. 
198.) 


Election  Laws  of  the  State  of  Washington.  53 

137.  Expense  of  Registration,  How  to  Be  Paid. 

The  expense  of  registration  in  all  cities  and  towns  shall 
be  paid  by  such  cities  or  towns,  and  the  expense  of  registration 
in  precincts  outside  of  cities  and  towns  shall  be  paid  by  the 
county  in  which  such  precincts  are  situated.  (L.  ?91,  Sec. 
4,  p.  198.) 

138.  Duplicate  Poll  Books  to  Be  Opened. 

It  shall  be  the  duty  of  the  mayor  or  chief  executive  officer 
of  such  city  or  town  immediately  upon  the  taking  effect  of 
this  act,  to  procure  and  open  for  the  registration  of  voters  dupli- 
cate poll  books  for  each  ward  or  voting  precinct  of  such  city 
or  town,  and  on  the  first  Monday  of  January  of  each  year  to 
procure  and  open  like  books  of  registration  for  each  of  said 
wards  and  voting  precincts;  and  for  all  precincts  having  a  vot- 
ing population  of  two  hundred  and  fifty  (250)  or  more,  out- 
side of  any  city  or  town,  the  board  of  county  commissioners 
for  the  county  in  which  any  such  precinct  exists  shall,  in  like 
manner,  procure  and  open  duplicate  poll  books  for  the  regis- 
tration of  voters  in  such  precinct  or  precincts,  and  shall  des- 
ignate a  legal  voter  in  each  of  said  precincts,  who  shall  be  the 
officer  of  registration  in  such  r>recinct,  whose  duties  shall  be 
the  same  as  those  devolving  upon  the  city  or  town  clerk  under 
the  provisions  of  this  act:  and  the  board  of  county  commis- 
sioners shall  fix  the  compensation  of  such  officer  of  registration, 
which  shall  be  paid  the  same  as  other  election  expenses.  (L. 
'05,  Sec.  1,  p.  346.) 

139.  Poll  Books,  Where  to  Be  Kept. 

Such  poll  books  shall  at  all  time  except  as  herein  otherwise 
provided,  be  kept  at  the  office  of  such  city  or  town  clerk  or  of- 
ficer of  registration  of  such  city,  town  or  precinct:  and  the 
city  or  town  clerk,  or  the  person  designated  by  the  board  of 
county  commissioners  as  herein  provided,  shall  be  the  officer 
of  registration  of  such  city,  town  or  precinct;  and  it  shall  be 
his  duty  to  register  all  citizens  of  such  city,  town  or  voting 


54  Election  Laws  of  the  State  of  Washington. 

precinct,  on  such  poll  books,  as  hereinafter  provided:  Pro- 
vided, That  in  all  cities  of  the  first  class  the  registration  poll 
books  for  each  precinct  in  such  city  shall  be  opened  in  such 
precinct  for  a  period  of  not  less  than  two  nor  more  than  six 
consecutive  week  days  at  a  time  to  be  designated  by  notice, 
at  least  thirty  days  prior  to  any  general  or  municipal  election, 
and  the  registration  books  in  the  several  precincts,  shall  be 
kept  opened  between  the  hours  of  nine  A.  M.  and  nine  P.  M. 
of  each  of  such  days  for  the  registration  of  voters  qualified  to 
register :  and  the  city  clerk  shall  designate  a  legal  voter  in  each 
of  such  precincts  who  shall  be  the  officer  of  registration  in 
such  precinct  and  whose  duties  shall  be  the  same  as  those  de- 
volving upon  the  city  clerk  in  matters  of  registration  of  voters ; 
And  provided  further,  That  the  city  clerk  of  such  city  of  the 
first  class  shall  cause  to  be  set  forth  in  the  notice  required  to 
be  published  by  section  1453  of  Ballinger's  Annotated  Codes 
and  Statutes  of  the  State  of  Washington,  the  time  when  and 
place  where  the  registration  poll  books  for  each  precinct  in 
such  city  will  be  opened  in  such  precinct  for  the  registration 
of  voters  of  such  precinct  qualified  to  register:  Provided, 
however,  That  said  precinct  registration  shall  not  be  held  in 
any  city  or  the  precincts  thereof  more  than  once  in  any  one 
calender  year.  (L.  ?05,  Sec.  2,  p.  34Y.) 

140.    Effect  of  Registration  as  Evidence  of  Right  to  Vote. 

It  shall  be  the  duty  of  all  citizens  of  such  city,  town  or 
voting  precinct,  after  the  opening  of  the  books  as  herein  pro- 
vided, to  apply  to  the  city  or  town  clerk,  or  officer  of  registra- 
tion, and  be  registered  therein,  at  such  time  or  times  as  said 
books  shall  be  open  for  that  purpose,  as  provided  in  this  act; 
and  such  registration,  when  made  as  in  this  chapter  provided, 
shall  entitle  such  citizens  to  vote  in  their  respective  wards  and 
precincts.  If  such  citizens  are  otherwise  legally  qualified 
voters  at  such  election,  and  have  so  caused  themselves  to  be 
registered,  such  registration  shall  be  prima  facie  evidence  of 
the  right  of  such  citizens  to  vote  at  any  election  held  in  such 


Election  Laws  of  the  State  of  Washington.  55 

city,  town  or  precinct  subsequent  to  such  registration,  and  pre- 
ceding the  first  Monday  of  January  next  thereafter.  (L. 
'90,  Sec.  4,  p.  415.) 

141.  Officer  of  Registration  Must  Publish  Notice. 

It  shall  be  the  duty  of  the  city  or  town  clerk,  or  officer  of 
registration,  upon  receipt  of  the  poll  books  in  this  chapter 
provided  for,  to  cause  to  be  published  a  notice  in  a  newspaper 
of  general  circulation  in  such  city,  town  or  precinct,  for  ten 
days,  notifying  the  citizens  of  said  city,  town  or  precinct,  that 
they  can  register  at  his  office,  and  if  in  the  city  of  the  first  class, 
in  each  precinct,  at  the  place  and  during  the  time  designated 
in  such  notice,  as  provided  in  section  llj.51,  according  to  the 
provisions  of  this  chapter ;  and  a  like  notice  shall  be  published 
each  year,  within  twenty  days  after  the  first  Monday  in  Jan- 
uary of  each  year.  (L.  '03,  Sec.  2,  p.  81.) 

142.  Poll  Books,  When  Closed. 

The  poll  books  in  this  chapter  provided  for  shall  be  open 
at  all  times  during  the  year  for  the  registration  of  voters,  ex- 
cept that  they  shall  be  closed  on  any  day  in  which  a  primary 
election  shall  be  held  in  such  city  or  town  under  the  laws  gov- 
erning primary  elections  in  cities  and  towns,  and  excepting 
that  they  sl^all  be  closed  in  all  general,  special  and  municipal 
elections  for  the  purpose  of  organization,  twenty  days  pre- 
ceding any  election  to  be  held  in  said  citv.  town  or  precinct. 
The  city  or  town  clerk  or  officers  of  registration  shall  give  no- 
tice of  the  closing  of  said  books  by  notice  to  be  published  at 
least  ten  days  in  a  newspaper  of  general  circulation  in  such 
city,  town  or  precinct,  and  by  posting  written  or  printed  no- 
tices in  three  of  the  most  public  places  in  such  city,  town  or 
precinct,  at  least  ten  days  preceding  the  day  of  such  closing, 
and  such  notice  of  publication  shall  have  at  least  two  inser- 
tions in  such  newspaper;  in  all  special  city,  town  or  precinct 
elections  such  notice  shall  be  given  by  the  posting  aforesaid 
only  at  least  five  days  before  such  closing,  and  the  poll  books 


56  Election  Laws  of  the  State  of  Washington. 

shall  be  closed  ten  days  preceding  all  such  special  or  local  elec- 
tions.    (L.  '01,  Sec.  6,  p.  284.) 

143.    Form  and  Method  of  Registration. 

The  poll  books  aforesaid  shall  be  so  arranged  as  to  admit 
the  alphabetical  classification  of  the  names  of  the  voters,  and 
ruled  in  parallel  columns,  with  appropriate  heads  as  follows: 
Date  of  registration;  names;  ages;  occupation;  place  of  resi- 
dence; place  of  birth;  time  of  residence  in  the  state,  county, 
ward  and  precinct,  and  if  of  foreign  birth,  name  and  place 
of  court  and  date  of  declaration  of  intention  to  become  a  citi- 
zen of  the  United  States,  or  date  of  naturalization,  and  with 
column  headed  "Signature"  for  signature  of  the  voter  at  the 
time  of  registering,  and  another  and  similar  column  immedi- 
ately following,  headed  "Identification,"  for  the  signature  of 
the  voter  in  case  he  be  challenged  when  he  offers  to  vote,  and 
a  column  for  remarks,  and  one  column  for  checking  the  name 
of  voter  at  the  time  of  voting.  If  the  voter  registering  is  of 
foreign  birth,  he  shall  at  the  time  of  registering  produce  satis- 
factory evidence  to  the  registration  officer  that  he  was  at  the 
time  of  the  adoption  of  the  constitution  of  the  State  of  Wash- 
ington a  qualified  elector  of  this  state,  or  that  he  is  a  natural- 
ized citizen  of  the  United  States.  Under  the  head  of  place 
of  residence  shall  be  noted  the  number  of  lot  and  block  or 
number  and  street  where  the  applicant  resides  or  some  other 
definite  description  sufficient  to  locate  the  residence;  and  the 
voter  so  registered  as  provided  in  this  section  shall  sign  his 
name  in  each  of  the  duplicate  poll  books  on  the  registry  op- 
posite the  entries  above  required,  in  the  column  headed  "Sig- 
nature," unless  he  is  a  qualified  elector  at  the  time  of  the  tak- 
ing effect  of  this  act,  and  shall  not  be  capable  of  writing  his 
name,  or  in  case  of  physical  infirmity  he  be  imable  to  write 
his  name,  in  either  of  which  cases  he  shall  on  the  left  hand 
margin  of  said  column  make  his  mark  or  cross  and  such  other 
mark  as  is  usual  in  indicating  his  signature,  and  some  per- 
son who  personally  knows  said  voter,  and  who  is  personally 


Election  Laws  of  the  State  of  Washington.  57 

known  to  the  registering  officer  and  who  is  capable  of  writing 
his  name  shall  sign  in  said  column  immediately  opposite  said 
mark,  as  an  identifying  witness  thereto.  (L.  '05,  Sec.  3,  p. 
347.) 

144.    Voter  Must  Register  in  Person. 

E"o  person  shall  be  registered  unless  he  appears  in  person 
before  the  city  or  town  clerk  or  officer  of  registration  at  his 
office  during  office  hours  and  apply  to  be  registered  and  give 
his  name,  age,  occupation,  number  of  place  or  residence,  place 
of  birth,  time  of  residence  in  the  state,  county,  ward  or  pre- 
cinct, and  if  naturalized,  furnish  satisfactory  evidence  to 
such  registration  officer  that  he  is  capable  of  reading  and  speak- 
ing the  English  language  so  as  to  comprehend  the  meaning  of 
ordinary  English  prose,  unless  he  is  incapacitated  through 
physical  infirmities,  in  which  case  he  shall  furnish  satisfac- 
tory evidence  that  he  was  before  such  infirmity  capable  of 
reading  and  speaking  the  English  language,  unless  such  per- 
son so  offering  was  a  qualified  elector  at  the  time  of  the  taking 
effect  of  this  act,  in  which  case  the  provisions  with  reference 
to  reading  and  speaking  the  English  language  shall  not  apply ; 
and  such  applicant  shall  make  and  subscribe  to  the  following 
oath  or  affirmation : 

STATE  OF  WASHINGTON  ) 

County  of  '  j  SS> 

I?  }  do  solemnly  swear  or  affirm  that  I  am 

a  male  person  over  twenty  years,  eleven  months  and  ten  days  of  age,  that 
I  am  a  native  born  or  naturalized  citizen  of  the  United  States,  or  was  a 
legal  elector  of  the  Territory  of  Washington  at  the  time  of  the  adoption 
of  the  constitution  of  the  State  of  Washington;  that  I  have  been  an  actual 
permanent  resident  of  the  State  of  Washington  for  eleven  months  and 

ten  days  last  past,  of  the  county  of  for  seventy  days  last  past 

and  of  the  precinct  ten  days  last  past,  and  I  have  not  lost  my 

civil  rights  by  being  convicted  of  an  infamous  crime;  that  I  was  either 
a  qualified  elector  on  the  first  day  of  July,  1901,  or  that  I  can  read  and 
speak  the  English  language. 


Subscribed  and  sworn  to  before  me  this   day  of 


58  Election  Laws  of  the  State  of  Washington. 

Said  affidavit  shall  be  bound,  in  book  form  and  preserved 
with  the  other  records  of  the  city,  town  or  precinct.  (L.  '01, 
Sec.  8,  p.  284.) 

145.  No  One  Can  Vote  Unless  Registered. 

!N"o  person  shall  be  entitled  to  vote  at  any  election  in  any 
such  city,  town  or  precinct  who  is  not  registered  according  to 
the  provisions  of  this  act.  The  registration  shall  not  be  con- 
clusive evidence  of  the  right  of  any  registered  person  to  vote, 
but  said  person  may  be  challenged  and  required  to  establish 
his  right  at  the  polls  in  the  manner  as  may  be  required  by 
law.  (L.  '90,  Sec.  9,  p.  416.) 

146.  Registration  Officer  Shall  Administer  Necessary  Oaths. 

The  city  or  town  clerk,  or  officer  of  registration,  is  hereby 
empowered  to  administer  all  necessary  oaths  in  examining 
an  applicant  for  registration,  or  any  witness  he  may  offer  in 
his  behalf,  in  order  to  ascertain  his  right  to  be  registered  under 
the  provisions  of  this  act;  and  the  said  clerk  or  registration 
officer  shall  closely  examine  any  applicant  for  registration 
whose  right  to  registration  he  may  doubt,  or  who  may  be  chal- 
lenged, and  shall  explain  to  him  the  necessary  qualifications 
of  a  voter,  and  if  the  applicant  for  registration  be  entitled  to 
vote  at  the  next  election  he  shall  be  registered,  otherwise  he 
shall  not.  (L.  '93,  Sec.  4,  p.  74.) 

147.  Change  of  Residence  Must  Be  Noted  on  Poll  Books. 

If  a  citizen  of  any  city,  town  or  voting  precinct  shall  dur- 
ing the  year  for  which  he  has  been  registered,  change  his  resi- 
dence from  one  ward  or  voting  precinct  in  said  city  or  town, 
to  another  ward  or  voting  precinct  in  said  city  or  town,  or 
from  any  precinct  outside  a  city  or  town  in  which  registration 
is  required  to  another  voting  precinct,  in  the  same  county,  in 
which  such  registration  is  required  under  the  provisions  of 
this  act,  he  shall  apply  to  the  city  or  town  clerk  or  officer  of 
registration  to  have  said  removal  noted  on  said  poll  books,  when 
the  same  are  open.  The  clerk  or  officer  of  registration  shall 


Election  Laws  of  the  State  of  Washington.  59 

register  said  person  in  the  ward  or  voting  precinct  to  which 
he  has  removed,  and  run  a  red  ink  line  across  his  name  in  the 
ward  or  precinct  book  of  his  former  residence,  and  likewise 
note  the  transfer  in  the  column  "remarks,"  in  said  poll  book. 
(L.'  90,  Sec.  12,  p.  417.) 

148.  Registration  Officer  Must  Prepare  Certified  Copies  of  Poll  Books  for 

Voting  Precincts. 

It  shall  be  the  duty  of  the  clerk  or  officers  of  registration, 
immediately  upon  the  close  of  the  poll  books  preceding  any 
election,  to  be  held  in  said  city,  town  or  voting  precinct,  to 
certify  to  the  authenticity  of  said  duplicate  poll  books  and,  in 
time  for  the  opening  of  polls  as  provided  by  law,  to  have  one 
of  said  duplicate  poll  books  at  each  of  the  voting  precincts, 
and  deliver  the  same  to  the  inspector  or  one  of  the  judges  of 
said  election,  and  take  his  receipt  therefor.  The  other  of  said 
duplicate  poll  books  shall  remain  in  the  custody  of  the  said 
clerk  or  officer  of  registration.  (L.  '05,  Sec.  4,  p.  348.) 

149.  Judge  Must  Mark  Names  and  Return  Poll  List  After  Election. 

At  every  election  one  of  the  judges  of  election  shall,  as 
each  person  registered  votes,  enter  on  the  said  poll  book  in  the 
check  line  opposite  the  name  of  such  person  the  word  "voted," 
said  poll  book  to  be  returned  to  the  city  or  town  clerk  or  of- 
ficer of  registration  after  said  election,  and  by  him  preserved. 
(L.  '05,  Sec.  5,  p.  349.) 

150.  Neglect  or  Refusal  of  Election  Officer  to  Perform  Duty;  Penalty. 

If  any  officer  shall  neglect  or  refuse  to  perform  any  duty 
required  by  this  act,  or  in  the  manner  required  by  this  act,  or 
shall  neglect  or  refuse  to  enter  upon  the  performance  of  any 
such  duty,  or  shall  enter,  or  cause  or  permit  to  be  entered,  on 
the  registry  books  the  name  of  any  person  in  any  other  man- 
ner or  at  any  other  time  than  as  prescribed  by  this  act,  or 
shall  enter  or  cause  or  permit  to  be  entered,  on  such  lists  the 
name  of  any  person  not  entitled  to  be  registered  thereon  ac- 
cording to  the  provisions  of  this  act,  or  shall  destroy,  secrete, 


60  Election  Laws  of  the  State  of  Washington. 

mutilate,  alter  or  change  any  such  registry  books,  he  shall,  upon 
conviction,  be  punished  by  confinement  and  hard  labor  in  the 
penitentiary  not  more  than  five  nor  less  than  one  year,  and 
shall  forfeit  any  office  he  may  then  hold.  (L.  '90,  Sec.  15, 
p.  418.) 

151.  Punishment  for  False   and   Fraudulent  Registration. 

If  any  person  shall  falsely  swear  or  affirm  in  taking  the 
oath  or  making  the  affirmation  prescribed  in  section  8  (Sec. 
458,  Code)  hereof,  or  shall  falsely  personate  another,  and 
procure  the  person  fto  personated  to  be  registered,  or  if  any 
person  shall  represent  his  name  to  the  city  or  town  clerk,  or 
officer  of  registration,  to  be  different  from  what  it  actually  is, 
and  cause  such  name  to  be  registered,  or  if  any  person  shall 
cause  any  name  to  be  placed  upon  the  registry  list  otherwise 
than  in  the  manner  provided  in  this  act,  he  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  be  punished  by  con- 
finement and  hard  labor  in  the  penitentiary  not  more  than 
five  years  nor  less  than  one  year.  (L.  '93,  Sec.  5,  p.  74.) 

152.  Registration  of  Voters. 

The  provsions  of  this  act  shall  apply  to  all  elections  for 
national,  state,  congressional,  district,  county  or  municipal 
officers,  and  all  general  or  special  elections  held  within  any 
3uch  cities,  towns  or  precincts,  except  road  elections  and  the 
wards  or  voting  precincts,  established  by  the  authorities  of 
any  county,  city  or  town  shall  be  the  same  for  all  county,  dis- 
trict, state,  congressional,  national  or  other  elections.  (L.  '95, 
Sec.  1,  p.  340.) 


Election  Laws  of  the  State  of  Washington.  61 


PRIMARY  ELECTIONS  IN  CITIES  AND  TOWNS. 


153.  Act  to  Govern  Primary  Elections  in  Cities  and  Towns. 

All  primary  elections  hereafter  to  be  held  by  any  volun- 
tary political  associations  or  party  for  delegates  to  any  nomin- 
ating convention  of  such  party  for  candidates  for  public  of- 
fice shall  be  held  under  the  provisions  of  this  act  in  the  in- 
corporated cities  and  towns  of  this  state.  (L.  795,  Sec.  1,  p. 
361.) 

154.  How  Called. 

Whenever  such  primary  elections  are  called  by  any  man- 
aging committee  authorized  under  the  rules  or  customs  of 
such  voluntary  political  association  or  party  to  call  such  pri- 
mary elections,  such  call  shall  be  made  by  resolution  duly 
passed  by  such  managing  committee  and  attested  by  the  chair- 
man and  secretary  of  such  committee.  (L.  '95,  Sec.  2,  p. 
361.) 

155.  Notice  Published. 

This  resolution  shall  be  published  in  some  newspaper  of 
general  circulation  in  the  city  or  town  where  such  primary 
election  is  to  be  held,  at  least  ten  days  previous  to  the  time  set 
for  such  election,  and  if  there  be  no  newspaper  published 
therein,  then  written  copies  of  such  resolution  shall  be  posted 
in  two  of  the  most  public  places  in  each  precinct  in  said  city 
or  town.  (L.  '95,  Sec.  3,  p.  361.) 

156.  Contents  of  Resolutions. 

The  resolutions  shall  declare — First,  The  time  and  places 
of  holding  such  primary  elections  and  the  hours  between  which 
the  polls  are  to  be  kept  open;  second,  the  object  of  the  election; 
third,  the  qualifications  required  of  voters  in  addition  to  those 
prescribed  by  law;  fourth,  the  number  of  persons  to  be  elected 
as  such  delegates  in  each  polling  precinct,  and  such  other  mat- 


62  Election  Laws  of  the  State  of  Washington. 

ters  as  such  managing  committee,  in  accordance  with  the  cus- 
tom of  such  voluntary  political  association  or  party,  usually 
submit  in  an  official  call  for  such  primary  elections.  (L.  '95, 
Sec.  4,  p.  362.) 

157.  Qualifications  of  Voters. 

The  qualifications  of  voters  at  such  primary  elections,  in 
addition  to  those  prescribed  by  such  resolution,  shall  be  the 
same  as  those  at  a  general  election  held  under  the  general  elec- 
tion law  of  this  state.  (L.  '95,  Sec.  5,  p.  362.) 

158.  Qualifications  of  Delegates. 

Persons  to  be  voted  for  as  such  delegates  at  such  primary 
election  shall  possess  all  the  qualifications  required  of  a  voter 
at  such  primary  election  in  the  respective  voting  precincts. 
(L.  '95,  Sec.  6,  p.  362.) 

159.  Number  of  Delegates  Voted  for. 

The  persons  to  be  voted  for  as  such  delegates  shall  be  se- 
lected in  excess  by  at  least  twice  the  number  to  be  elected  in 
each  polling  precinct,  and  such  selection  shall  be  made  at  least 
one  day  previous  to  such  primary  election  by  a  caucus  of  the 
qualified  voters  in  each  precinct,  under  such  call  or  resolution, 
and  such  caucus  shall  also  select  three  reputable  citizens,  two 
to  act  as  judges  and  one  as  clerk  of  such  primary  election. 
Such  selection  shall  be  certified  to  such  managing  committee 
by  the  officers  of  such  caucus.  (L.  '95,  Sec.  7,  p.  362.) 

160.  Qualifications  of  Judges  and  Clerks. 

The  qualifications  and  duties  of  the  judges  and  clerks  se- 
lected by  such  caucus,  and  their  organization  into  an  election 
board  for  their  respective  precincts,  shall  be  similar  to  those 
in  the  general  election  law,  and  such  election  board  shall  have 
the  right  to  question  the  voter  as  to  his  previous  party  affili- 
ation, and  shall  have  the  same  powers  in  administering  oaths, 
questioning  voters  as  to  their  qualification,  rejecting  .ballots, 
etc.,  as  the  election  board  has  under  the  general  election  law 
of  this  state.  (L.  '95,  Sec.  8,  p.  362.) 


Election  Laws  of  the  State  of  Washington.  63 

161.  Ballot. 

The  managing  committee  shall  cause  a  list  of  the  names 
of  such  delegates  so  selected  to  be  printed  on  one  ballot  of 
convenient  form  for  each  polling  precinct,  which  ballot  shall 
be  the  only  ballot  voted  at  such  primary  election  and  shall  be 
obtained  only  by  the  voters  from  the  primary  election  officers 
immediately  before  voting.  (L.  '95,  Sec.  9,  p.  362.) 

162.  List  of  Registered  Voters. 

It  shall  be  the  duty  of  the  registration  officers  under  the 
general  election  law  of  this  state  to  permit  the  judges  or  man- 
aging committee  of  such  primary  elections  to  make  a  list  of 
the  registered  voters  in  the  respective  precincts.  (L.  '95,  Sec. 
11,  p.  363.) 

163.  Tally  List  Kept— Return. 

It  shall  be  the  duty  of  the  clerk  of  each  primary  election 
board  to  keep  a  tally  list  of  the  names  and  residences  of  all 
persons  voting,  numbered  in  the  order  of  the  voting,  and  upon 
canvassing  the  vote  such  clerk  shall  make  a  return  of  all  per- 
sons voted  for,  with  the  number  of  ballots  cast  for  each  per- 
son. (L.  '95,  Sec.  12,  p.  363.) 

164.  Ballot  Boxes  Exhibited. 

Before  receiving  any  ballots,  the  judges,  in  the  presence 
of  the  persons  assembled  at  the  polling  places,  shall  open  and 
exhibit  and  then  close  the  ballot  box,  and  thereafter  it  must 
not  be  removed  from  the  polling  place  nor  from  the  view  of 
the  bystanders  until  all  the  ballots  are  counted,  nor  must  it 
be  opened  until  the  polls  are  finally  closed.  (L.  '95,  Sec.  13, 
p.  363.) 

165.  Opening  and  Closing  of  Polls. 

Before  the  judges  receive  any  ballots  they  must  cause  it 
to  be  proclaimed  aloud  at  the  places  of  election  that  polls  are 
open,  and  fifteen  minutes  before  the  time  of  closing  that  fact 
must  be  proclaimed  in  like  manner,  and  after  the  final  closing 


64  Election  Laws  of  the  State  of  Washington, 

of  the  polls  no  ballots  must  be  received.      (L.  '95,  Sec.  14,  p. 
363.) 

1 66.  Canvass  of  Votes. 

On  closing  the  polls  the  judges  must  immediately  proceed 
to  canvass  the  votes  in  the  presence  of  the  bystanders,  and 
must  continue  the  canvass  without  adjournment  at  the  polling 
place  until  complete  and  the  results  thereof  declared.  (L. 
'95,  Sec.  16,  p.  363.) 

167.  Tally  Lists  and  Ballots  Filed. 

After  counting  the  votes,  proclaiming  the  result  and  sign- 
ing the  return,  the  judges  shall  cause  the  tally  list-  and  ballots 
to  be  filed  with  the  clerk  of  the  county  wherein  such  election 
is  held,  which  tally  list  and  ballots  shall  be  kept  by  him  as 
part  of  the  public  records  until  after  the  adjournment  of  the 
convention  for  which  such  primary  election  was  held,  and 
they  shall  cause  the  return  to  be  filed  with  the  managing  com- 
mittee under  whose  authority  such  primary  election  was  called, 
whereupon  such  managing  committee  shall  issue  certificates 
of  election  in  accordance  with  the  result  therein  declared. 
Such  certificate  shall  be  prima  facie  evidence  of  the  person's 
election.  (L.  '95,  Sec.  16,  p.  364.) 

1 68.  Falsifying  Returns  of  Primary  Elections. 

Any  judge  or  clerk  who  shall  falsify  any  primary  election 
return,  or  in  any  manner  violate  the  provisions  of  this  act, 
or  make  it  possible  to  secure  a  return  of  such  primary  election 
other  than  the  true  one  bj  fraudulently  canvassing  the  votes 
of  such  primary  election,  shall  be  deemed  guily  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  nor  more  than  three  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
two  nor  more  than  six  months,  or  by  both  fine  and  imprison- 
ment, in  the  discretion  of  the  court.  (L.  '95,  Sec.  17,  p.  364.) 

169.  Fraudulent  Voting  at  Primary  Elections. 

First,  Whoever  fraudulently  votes  at  any  primary  election ; 
or  second,  offers  to  vote  after  having  voted  at  such  election ; 


Election  Laws  of  the  State  of  Washington.  65 

or  third,  knowing  that  he  is  not  a  qualified  voter  under  the 
resolution  or  call  of  such  managing  committee  at  such  primary 
election  willfully  votes  or  offers  to  vote  at  such  primary 
election;  or  fourth,  aids  or  abets  any  one  not  a  qualified  voter 
at  such  primary  election  in  voting;  or  fifth,  by  offering  a  re- 
ward or  bribe,  either  directly  or  indirectly,  to  influence,  or 
attempt  to  influence  any  elector  at  such  primary  election  to 
give  or  withhold  his  vote  at  such  primary  election;  or  sixth, 
furnish  a  voter,  or  himself  votes,  a  ballot  other  than  the  law- 
ful ballot  obtained  from  the  officers  of  such  primary  election; 
or  seventh,  fraudulently  or  deceitfully  changes  the  ballot  of 
a  voter;  or  eighth,  prevents  the  voting  of  any  qualified  voter; 
or  ninth,  exercises  an  unlawful  influence  over  a  qualified  voter 
at  such  primary  election  by  means  of  violence  or  threats  of 
violence,  or  any  other  injury,  or  by  bribery  or  by  corrupt 
means  prevents  or  attempts  to  prevent  any  qualified  voter 
from  attending  or  voting  "at  such  primary  election;  or  tenth; 
gives,  or  offers  to  give,  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  such  primary  election  as  a  consideration  for 
some  act  to  be  done,  or  omitted  to  be  done,  contrary  to  his 
duty  in  relation  to  such  primary  election;  or  eleventh,  shall 
in  any  manner  interfere  with  or  disturb  any  primary  elec- 
tion held  under  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  one  nor  more  than  six  months,  or  by  both  fine  and 
imprisonment,  in  the  discretion  of  the  court.  (L.  '95,  Sec. 
18,  p.  364.) 

170.    Penalty. 

Any  person  who  shall  violate  any  section  of  this  act  for 
which  no  punishment  is  herein  especially  provided,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  fifty  nor  more  than  two  hundred 

— 5 


66  Election  Laws  of  the  State  of  Washington. 

dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
one  or  more  than  three  months,  or  by  both  fine  and  imprison- 
ment, in  the  discretion  of  the  court.  (L.  '95,  Sec.  19,  p.  365.) 


PRIMARY  ELECTIONS  GENERALLY. 


171.  Regulation  of  Primary  Elections. 

All  elections  hereafter  to  be  held  by  any  voluntary  politi- 
cal association  or  party,  for  any  delegates  or  managing  com- 
mittee, or  for  the  nomination  of  candidates  for  public  office, 
shall  be  held  under  the  provisions  of  this  chapter,  whenever 
any  committee,  or  body,  authorized  by  the  rules  or  customs 
of  such  political  association  shall  elect  to  accept  and  act  under 
such  provisions.  (L.  '90,  Sec.  1,  p.  419.) 

172.  Decide  by  Resolution. 

Whenever  it  shall  be  the  desire  of  any  such  committee  or 
body  that  such  election  shall  be  held  under  the  provisions  of 
this  chapter,  such  desire  and  acceptance  shall  be  expressed  by 
a  resolution  duly  passed  by  such  committee  or  body.  (L.  '90, 
Sec.  2,  p.  419.) 

173.  Form  of  Resolution. 

The   resolution  must  declare — 

1.  The  time  and  place  of  holding  the  election  and  the 
hours  between  which  the  polls  are  to  be  kept  open;  and  the 
polls  shall,  in  all  cases,  be  kept  open  from  twelve  o'clock  noon 
to  seven  o'clock  p.  m.  of  the  day  on  which  the  election  is  held. 

2.  The  names  of  three  reputable  persons  to  act  as  judges. 

3.  The  object  of  the  election. 

4.  That  such  election  will  be  held  under  the  provisions 
of  the  primary  election  law. 

5.  The  qualifications  required  for  voters,   in  addition  to 
those  prescribed  by  law.      (L.   '90,  Sec.   3,  p.  419.) 


Election  Laws  of  the  State  of  Washington.  67 

174.    Publication  of  Notice  of  Election. 

At  least  five  days  prior  to  any  such  election,  a  notice  of 
such  election  shall  be  published  in  some  newspaper  or  news- 
papers of  general  circulation  in  the  district,  ward,  precinct, 
township,  city  or  county,  in  and  for  which  the  election  is 
called,  and  shall  be  posted  in  at  least  three  public  places,  in 
each  polling  precinct  or  district  for  which  such  election  is  to 
be  held.  Such  notice  must  be  signed  by  the  secretary  of  the 
committee  or  body  calling  such  election,  and  must  state  the 
purpose,  time,  manner  and  conditions,  together  with  the  place 
or  places  of  holding  such  election ;  also,  the  authority  by  which 
the  call  or  notice  is  published;  and  the  three  persons  shall  be 
named  therein  who  are  appointed  for  each  polling  place  to  act 
as  judges  of  said  election,  and  who  shall  supervise  or  preside 
at  such  election  in  the  polling  precinct  or  district  for  which 
they  are  respectively  appointed,  and  such  judges  shall  be  legal 
voters  of  and  householders  in  the  township,  precinct,  ward  or 
election  district  for  which  they  are  named.  And  said  notice 
shall  likewise  declare  the  qualifications  of  the  persons  to  vote 
at  such  election:  Provided,  That  such  prescribed  qualifica- 
tions shall  not  be  inconsistent  with  those  expressed  in  this 
chapter.  Such  notice  will  also  declare  that  such  election  there- 
in called  will  be  held  in  pursuance  of  and  subject  to  the  pro- 
visions of  this  chapter,  under  the  title  of  "Primary  election 
law" ;  and  any  election  held  in  pursuance  of  any  notice  call- 
ing for  an  election  under  the  "primary  election  law"  shall  be 
taken  and  deemed  to  be  a  primary  election  within  the  meaning 
of  this  chapter.  (L.  '90,  Sec.  4,  p.  420.) 

175.    Judges  of  Election  to  Take  Oath,  Etc. 

The  persons  named  as  judges  of  election  in  the  notice  re- 
quired by  section  471  of  this  volume  of  General  Statutes,  or 
any  persons  assuming  or  chosen  to  be  such  judges  in  the  ab- 
sence, refusa^  or  failure  to  act  of  any  of  the  judges  named  in 
such  notice,  shall  first  make  oath  or  affirmation  that  they  are 
legal  voters  of  and  householders  in  the  precinct,  ward  or  elec- 


68  Election  Laws  of  the  State  of  Washington. 

tion  district  for  which  they  are  appointed  to  serve;  that  they 
will  faithfully  and  correctly  conduct  such  election,  protect  it 
against  all  frauds  and  unfairness,  carefully  and  truly  canvass 
all  votes  cast  thereat,  and  in  every  way  conform  to  the  provi- 
sions of  this  chapter  and  of  the  notice  or  call  for  the  election, 
which  oath  may  be  administered  by  any  one  of  the  judges, 
or  by  any  person  authorized  under  the  laws  of  this  state  to 
administer  oaths.  And  if  one  or  all  of  the  judges  appointed 
to  serve  at  the  election  be  absent,  or  refuse  or  fail  to  serve  at 
the  hour  appointed  for  the  election  to  begin,  then  the  electors 
present,  to  the  number  of  not  less  than  five,  possessing  the 
qualifications  of  persons  entitled  to  vote  at  said  election,  shall 
choose  a  person  or  persons  to  fill  any  vacancy  or  vacancies  that 
may  exist.  The  judges,  before  proceeding  with  the  election, 
shall  appoint  two  clerks  to  assist  them  in  receiving  and  count- 
ing the  votes  cast,  to  each  of  whom  shall  be  administered  by 
one  of  the  judges,  an  oath  similar  to  that  taken  by  the  judges 
of  election,  omitting  the  statement  that  affiant  is  a  householder. 
Any  violation  of  the  provisions  of  this  section  shall  be  deemed 
a  misdemeanor,  and  shall  subject  the  offender  on  conviction 
to  punishment  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  one  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 
(L.  '90,  Sec.  5,  p.  520.) 

176.    Duty  of  Judges — Rejection  of  Vote. 

It  shall  be  the  duty  of  the  judges  of  said  election  to  enter- 
tain objections  made  by  any  qualified  elector  under  said  pub- 
lished call  or  notice  to  any  vote  which  may  be  offered,  on  the 
ground  that  the  person  offering  it  is  not  entitled  to  vote  under 
the  terms  of  said  call  for  said  election,  or  that  he  is  not  a  citi- 
zen of  the  United  States  or  a  legal  resident  and  voter  under 
the  general  election  laws  of  the  state  in  the  election  precinct, 
ward,  township  or  district  for  which  the  election  is  held,  or 
that  he  has  received  or  been  promised,  directly  or  indirectly, 


Election  Laws  of  the  State  of  Washington.  69 

any  money,  fee  or  reward  for  his  vote  for  any  candidate,  or 
that  he  has  voted  before  at  that  place,  or  some  other  place,  on 
that  day,  or  at  the  same  election;  and  it  shall  be  the  duty  of 
one  of  the  judges  of  the  election,  if  such  objection  be  not  with- 
drawn, to  administer  to  the  person  so  offering  to  vote  an  oath 
or  affirmation  to  the  general  effect  that  he  will  truly  testify 
to  all  matters  relating  to  his  qualifications,  under  said  pub- 
lished call  or  notice,  and  under  the  general  election  laws  of 
the  state.  It  shall  then  be  the  duty  of  the  judges  to  interro- 
gate the  person  so  objected  to  as  to  all  matters  in  particular 
upon  which  said  objection  was  made,  and  generally  as  to  all 
of  his  qualifications  as  an  elector  at  such  election.  If  the  per- 
son so  objected  to  shall  refuse  to  answer  any  questions  asked, 
after  said  oath  or  affirmation  shall  have  been  administered,  or 
shall  refuse  to  take  such  oath,  it  shall  be  the  duty  of  the  judges 
to  reject  such  vote;  and  they  shall  also  reject  such  vote  unless 
such  person  shall  file  with  them  a  written  or  printed,  or  partly 
written  and  partly  printed  statement,  by  him  signed,  that  he 
is  a  qualified  voter  of  the  election  district  in  which  such  elec- 
tion is  held,  and  entitled  to  vote  at  such  election;  and  unless 
such  statement  shall  be  accompanied  by  a  similar  statement 
of  some  person  known  to  at  least  one  of  the  judges  to  be  a 
qualified  voter  in  that  district,  to  the  effect  that  he  knows  the 
person  so  challenged,  and  that  his  statement  is  true,  which 
said  last  statement  must  also  be  subscribed  by  the  party  mak- 
ing it.  If  such  statement  shall  be  filed,  and  such  oath  be 
taken,  and  such  questions  answered  in  such  a  manner  as  to 
show  that  the  applicant  is  qualified  to  vote  at  such  election,  it 
shall  be  the  duty  of  the  judges  of  the  election  to  receive  such 
vote,  and  the  word  "sworn"  shall  be  noted  opposite  the  per- 
son's name  on  the  poll  list,  to  be  kept  as  hereinafter  provided. 
Any  violation  of  the  provisions  of  this  section  by  the  judges 
or  clerks  of  the  election,  or  either  of  them,  shall  be  deemed  a 
misdemeanor,  and  upon  conviction,  shall  subject  the  party  so 
offending  to  punishment  by  a  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  three  hundred  dollars,  or  by  im- 


70  Election  Laws  of  the  State  of  Washington. 

prisonment  in  the  county  jail  for  not  less  than  two  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court;  and  any  person  who  shall,  upon 
taking  such  oath  or  affirmation,  and  under  the  examination 
herein  authorized,  wilfully  make  a  false  statement  as  to  a 
matter  pertinent  and  material  in  guch  examination,  shall  be 
deemed  guilty  of  perjury,  and  upon  conviction  thereof,  be 
punished  as  prescribed  by  law  for  such  offense.  (L.  '90,  Sec. 
6,  p.  421.) 

177.    Illegal  Voting,  Bribery,  Fraud.  Etc.;  How  Punished. 

Whoever  fraudulently  votes  at  anv  primary  election,  or 
offers  to  vote  after  having  once  voted  at  such  election,  or 
knowing  that  he  is  not  a  qualified  voter  at  such  election,  will- 
fully votes  or  offers  to  vote  at  such  election;  or  willfully  aids 
or  abets  any  one  not  qualified 'to  vote  at  such  primary  election 
in  attempting  to  vote  at  such  election;  or  by  offering  a  reward 
or  bribe,  or  by  treating  or  giving  to  him  any  spirituous,  malt 
or  other  liquors,  either  directly  or  indirectly  influences  or  at- 
tempts to  influence  any  voter  in  giving  or  withholding  his  vote 
at  such  election;  or  furnishes  a  voter  with  a  ticket  or  ballot, 
informing  him  that  it  contains  a  name  or  names  different 
from  those  which  appear  thereon,  with  intent  to  induce  him 
to  vote  contrary  to  his  intention;  or  fraudulently  or  deceit- 
fully changes  a  ballot  of  a  voter  with  intent  to  prevent  such 
voter  from  voting  for  such  person  as  he  intended;  or  endeav- 
ors to  prevent  the  voting  of  any  voter,  or  the  exercise  of  law- 
ful influence  by  any  person  over  a  voter  at  such  election,  for 
himself  or  against  any  person,  by  means  of  violence  or  threats 
of  violence,  or  threats  of  withdrawing  custom  or  dealing  in 
business  or  trade,  or  enforcing  the  payment  of  a  debt,  or 
bringing  a  suit  or  criminal  presecution,  or  any  other  threat  of 
injury  to  be  inflicted  by  him  or  by  such  means ;  or  by  bribery, 
or  by  corrupt  or  unlawful  means,  prevents  or  attempts  to  pre- 
vent any  voter  from  attending  or  voting  at  such  election;  or 
gives  or  offers  to  give  any  valuable  thing  or  bribe  to  any  judge 


Election  Laws  of  the  State  of  Washington. 


71 


or  clerk  of  such  election,  as  a  consideration  for  some  act  to 
be  done,  or  omitted  to  be  done,  contrary  to  his  duty  in  relation 
to  such  election,  or  shall  interfere  with  or  disturb  in  any  man- 
ner, any  election  held  under  the  provisions  of  this  chapter 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
two  nor  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court.  (L.  '90,  Sec.  7, 
p.  422.) 

178.  Clerk  of  Election  Must  Keep  Poll  List. 

Each  clerk  must  keep  a  list  of  persons  voting,  and  the 
names  and  residence  of  each  person  who  votes  must  be  entered 
thereon  and  numbered  in  the  order  of  voting.  (L.  '90,  Sec. 
8,  p.  423.) 

179.  Each  Clerk  of  Election  Must  Keep  Record  of  Challenges. 

The  judges  must  cause  one  of  the  clerks  to  keep  a  list 
showing — 

1.  The  names  and  residences  of  all  persons  challenged. 

2.  The  grounds  of  such  challenge. 

3.  The  determination  of  the  board  upon  the  challenge. 
(L.  '90,  Sec.  9,  p.  423'.) 

1 80.  Form  of  Poll  Lists  and  Tally  Lists  to  Be  Kept  by  Clerk. 

The  following  is  substantially  the  form  of  the  poll  lists 
and  tally  lists  to  be  kept  by  the  clerks  of  election : 

Of  the  primary  elections  held  in  the   precinct  of  the   

ward  of  ,  in  the  county  of   ,  on  the   day  of 

,  in  the  year  of    A  B,  C  D  and  E  F,  judges,  and 

G  H  and  J  K,  clerks  of   said    election,  were  respectively   sworn 

(or  affirmed)  as  the  law  directs,  previous  to  their  entering  on  the  duties 
of  their  respective  offices. 

Numbers  and  names  of  electors  voting: 


NO. 

NAME  AND 

RESIDENCE. 

NO. 

NAME 

AND  RESIDENCE. 

1 

A. 

B. 

3 

E. 

F. 

2 

C. 

D. 

4 

G. 

H. 

72  Election  Laws  of  the  State  of  Washington. 

We  hereby  certify  that  the  number  of  electors  voting  at  this  election 
is  .............. 


:       ^  ]?'    I  Cl 
J   K,    j 


Attest:  '       Clerks. 

A  B,     J 

CD,      v    Judges  of  Election. 
E  F,     j 

Names   of  persons   voted  for  and   for  what  position,   and   number   of 
votes  given  for  each  candidate. 

We  hereby  certify  that  A  B  had   ........   votes  for    ..........  ;   and 

that  C  D  had   ........  votes  for   ........  ;  that  E  F  had   ........   votes 

for  ........  ,  etc. 


Attest:       ?'  5'    !•  Clerks. 
J*    K,    [ 


(L.  '90,  Sec.  10,  p.  424.) 


A,  B,      J 

C,   D,      v   Judges  of  Election. 

E,    F, 


181.  Any  Judge  or  Clerk  May  Administer  or  Certify  Oaths. 

Any  one  of  the  judges  or  either  clerk  may  administer  and 
certify  oaths  required  to  be  administered  during  the  progress 
of  an  election  held  under  this  chapter.  (L.  '90.  Sec.  11,  p. 
424.) 

182.  Duty  of  Judges  as  to  Ballot  Box. 

Before  receiving  any  ballots,  the  judges  must,  in  the  pres- 
ence of  the  persons  assembled  at  the  polling  place,  open  and 
exhibit  'and  then  close  the  ballot  box;  and  thereafter  it  must 
not  be  removed  from  the  polling  place  nor  the  view  of  the 
bystanders  until  all  the  ballots  are  counted,  nor  must  it  be 
opened  until  after  the  polls  are  finally  closed.  (L.  '90,  Sec. 
12,  p.  424.) 

183.  Polls,  How  to  Be  Opened—  Ballots  Cast  to  Contain  What. 

Before  the  judges  receive  any  ballots,  they  must  cause  it 
to  be  proclaimed  aloud,  at  the  place  of  the  election,  that  the 
polls  are  open.  All  ballots  cast  shall  contain  the  full  name 
or  initial  of  the  candidate  voted  for.  (L.  '90,  Sec.  13,  p. 
424.) 


Election  Laws  of  the  State  of  Washington.  73 

184.  Proclamation  as  to  Closing  Polls. 

Fifteen  minutes  before  the  time  when  the  polls  are  to  be 
closed,  that  fact  must  be  proclaimed  aloud  at  the  place  of 
election;  and  after  the  polls  are  closed  no  ballots  must  be  re- 
ceived. (L.  '90,  Sec.  14,  p.  425.) 

185.  BaUots,  How  Canvassed— Proclamation  of  Result. 

As  soon  as  the  polls  are  finally  closed  the  judges  must  im- 
mediately proceed  to  canvass  the  votes  given  at  such  election. 
The  canvass  must  be  public,  in  the  presence  of  the  bystanders, 
and  must  be  continued  without  adjournment  until  completed 
and  the  result  thereof  is  declared;  and  must  also  be  conducted 
at  the  polling  place  where  the  election  is  held;  where,  also, 
the  result  as  to  each  candidate  voted  for  must  be,  immediately 
on  the  completion  of  such  canvass  publicly  proclaimed  by  one 
of  the  judges,  in  a  loud  voice,  and  such  proclamation  shall 
be  prima  facie  evidence  of  the  result.  CL.  '90,  Sec.  15,  p. 
425.) 

1 86.  Equalizing  Number  of  Ballots  With  Number  of  Names  on  Poll  Lists. 

In  conducting  the  canvass  the  judges  shall  first  count  the 
whole  number  of  ballots  in  the  box,  and  if  the  number  of  such 
ballots  shall  be  found  to  exceed  the  number  of  names  entered 
on  the  polling  list  they  shall  reject  so  many  thereof,  without 
opening  the  same  or  examining  or  looking  at  the  names  there- 
on, as  may  be  necessary  to  make  the  number  of  ballots  corre- 
spond to  the  number  of  names  entered  on  the  polling  lists. 
(L.  '90,  Sec.  16,  p.  425.) 

187.  Poll  Lists  Must  Be  Signed  by  Judges  and  Attested  by  Clerks. 

The  number  of  ballots  agreeing,  or  bein<r  thus  made  to 
agree,  with  the  number  of  names  on  the  list,  the  lists  must  be 
signed  by  the  judges  of  election  and  attested  by  the  clerks,  and 
the  number  of  names  thereon  must  be  set  down  in  words  and 
figures  at  the  foot  of  each  list,  and  over  the  signatures  of  the 
judges  and  the  attestation  of  the  clerks,  substantially  in  the 


74  Election  Laws  of  the  State  of  Washington. 

form  prescribed  in  section  four  hundred  and  seventy-seven  of 
this  volume  of  General  Statutes.      (L.  '90,  Sec.  17,  p.  425.) 

188.  Counting  Ballots,  How  to  Be  Conducted. 

After  the  lists  are  thus  signed,  the  judges  must  proceed  to 
count  and  ascertain  the  number  of  votes  cast  for  each  person 
voted  for.  The  ballots  must  be  taken  out  and  opened  by  one 
of  the  judges,  and  by  him  distinctly  read  aloud,  and  inspected 
by  the  other  two  judges.  (L.  '90,  Sec.  18,  p.  425.) 

189.  Each  Clerk  Must  Keep  Tally. 

Each  clerk  must  write  down  each  office  or  position  to  be 
filled,  and  the  name  of  each  person  voted  for  to  fill  such  office, 
and  keep  the  number  of  votes  for  each  person  for  each  office  by 
tallies,  as  they  are  read  aloud.  (L.  '90,  Sec.  19,  p.  425.) 

190.  Lists  to  Be  Signed  by  Judges  and  Attested  by  Clerks. 

As  soon  as  all  the  votes  are  counted  there  must  be  attached 
to  the  tally  lists,  lists  containing  the  names  of  persons  voted 
for  and  for  what  office,  and  the  number  of  votes  given  for  each 
candidate,  the  number  being  written  at  full  length,  and  such 
lists  must  .be  signed  by  the  judges  and  attested  by  the  clerks 
substantially  in  the  form  in  section  four  hundred  and  seventy- 
seven  of  this  volume  of  General  Statutes  given.  (L.  '90, 
Sec.  20,  p.  426.) 

191.  Duty  of  Officers  as  to  Ballots. 

After  counting  the  votes,  proclaiming  the  result  and  sign- 
ing the  lists  as  above  provided,  the  judges  must  cause  the 
statements  provided  for  in  section  four  hundred  and  seventy- 
three  of  this  volume  of  General  Statutes,  the  ballots  and  one 
copy  of  the  lists,  to  be  delivered  to  the  clerk  signing  the  no- 
tice of  election,  and  one  of  the  judges  must  retain  the  other 
lists  for  twenty  days  after  the  election,  and  such  statements, 
ballots  and  lists  returned  to  the  said  clerk  shall  be  by  him, 
after  the  expiration  of  twenty  days,  delivered  to  the  county 
clerk  of  the  countv  in  which  such  election  was  held,  and  by 


Election  Laws  of  the  State  of  Washington.  75 

that  officer  kept  with  the  books  and  papers  of  his  office,  open 
like  other  public  records  to  public  inspection,  for  the  space  of 
three  months,  at  the  end  of  which  time,  if  no  legal  proceedings 
have  been  instituted  in  which  such  lists,  ballots  or  statements 
may  be  useful  as  evidence,  said  county  clerk  may  then  de- 
stroy the  same.  (L.  '90,  Sec.  21,  p.  426.) 

192.  Certificates  of  Election  to  Be  Issued. 

The  board  of  election  must  issue  certificates  of  election  to 
all  persons  who  are  chosen  to  fill  any  position  by  the  vote  of 
their  election  district.  (L.  '90,  Sec.  22,  p.  426.) 

193.  No  One  Shall  Vote  Unless  He  Is  a  Qualified  Elector. 

It  shall  be  unlawful  for  any  person  to  vote  at  any  primary 
election,  or  at  any  election  to  select  delegates  to  any  conven- 
tion, called  either  for  the  purpore  of  nominating  a  candidate 
or  candidates  for  any  elective  office,  or  for  the  purpose  of 
selecting  other  delegates  to  such  convention,  unless  such  per- 
son so  voting,  or  offering  to  vote,  has  the  qualification  of  any 
elector  in  the  district  embraced  within  the  call  of  said  primary 
election,  at  a  general  or  special  election  held  under  and  in  con- 
formity with  the  general  election  laws  of  this  state.  (L.  '90, 
Sec.  23,  p.  426.) 

194.  Penalty  for  Violation  of  Preceding  Section. 

Any  person  violating  the  provisions  of  the  foregoing  sec- 
tion shall,  on  conviction  thereof,  be  fined  in  any  sum  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars,  or  im- 
prisoned in  the  county  jail  not  less  than  two  nor  more  than 
six  months,  or  both,  in  the  discretion  of  the  court.  (L.  '90, 
Sec.  24,  p.  427.) 

195.  Violation  of  Primary  Election  Law  Is  Misdemeanor;   Penalty. 

Any  person  who  shall  be  convicted  of  the  violation  of  any 
of  the  provisions  of  this  chapter,  for  which  no  punishment  is 
herein  especially  provided,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  im- 


76  Election  Laws  of  the  State  of  Washington. 

prisoned  in  the  county  jail  not  less  than  one  month  nor  more 
than  six  months,  or  punished  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court  (L.  '90,  Sec.  25,  p.  427.) 


CRIMES  AND  MISCONDUCT  AT  ELECTIONS. 


196.  Intimidation  of  Voters 

~No  person  shall  in  any  way  directly  or  indirectly,  by  men- 
ace or  other  corrupt  means  or  device,  (directly  or  indirectly), 
attempt  to  influence  any  person  in  giving  or  refusing  to  give 
his  vote  in  any  such  election,  or  to  deter  or  dissuade  any  per- 
son from  giving  his  vote  therein,  or  to  disturb,  hinder,  per- 
suade, threaten  or  intimidate  any  person  from  giving  his  vote 
therein,  nor  shall  any  person  at  any  such  election,  knowingly 
and  willfully  make  any  false  assertion  or  propogate  any  false 
report  concerning  any  person  who  shall  be  a  candidate  thereat, 
which  shall  have  a  tendency  to  prevent  his  election,  or  with 
a  view  thereto,  and  if  any  person  shall  be  guilty  of  any  act 
forbidden  or  declared  to  be  unlawful  by  this  section,  he  shall 
be  deemed  and  taken  to  be  guilty  of  a  misdemeanor  and,  on 
conviction  thereof,  shall  be  punished  by  fine  or  imprisonment, 
or  both  at  the  discretion  of  the  court,  before  which  such  con- 
viction shall  be  had :  Provided,  That  in  no  case  shall  such 
fine  exceed  the  sum  of  two  hundred  and  fifty  dollars,  or  such 
imprisonment  the  term  of  six  months.  (Cd.  '81,  Sec.  &140.) 

197.  Fraud  on  Illiterate  Voter. 

If  any  person  shall  furnish  any  elector  wishing  to  vote  at 
any  election  held  pursuant  to  law  who  cannot  read,  with  a 
ticket,  such  person  informing  or  giving  such  elector  to  under- 
stand that  it  contains  a  name  or  names  written  or  printed 
thereon,  different  from  the  name  or  names  which  are  written 
or  printed  thereon,  such  person  shall  upon  conviction  thereof, 
be  fined  in  any  sum  not  less  than  fifty  nor  more  than  five  hun- 
dred dollars.  (Cd.  '81,  Sec.  3141.) 


Election  Laws  of  the  State  of  Washington.  77 

198.  Vote  for  Wrong  Person  by  Deceit. 

If  any  person  shall  defraud  any  elector  at  any  such  elec- 
tion, by  deceiving  and  causing  him  to  vote  for  a  different  per- 
son for  any  office  than  such  elector  desired  or  intended  to  vote 
for,  or  shall  fraudulently  attempt  to  deceive  and  cause  such 
elector  thus  to  vote  for  a  different  person  for  any  office  than 
he  intended  and  desired  to  vote  for,  such  person  upon  convic- 
tion thereof  shall  be  fined  in  any  sum  not  less  than  fifty  nor 
more  than  five  hundred  dollars.  (Cd.  781,  Sec.  3142.) 

199.  Fraudulent  Voting. 

Any  person  who  shall  fraudulently  vote  at  any  election  to 
be  held  under  the  present  or  future  law  of  this  territory,  who 
shall  not  be  duly  qualified  to  vote  at  the  place  where,  and  time 
when  his  vote  is  given  or  offered,  knowing  that  he  is  not  duly 
qualified,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  imprisonment  not  exceeding  one  year, 
or  both  at  the  discretion  of  the  court  before  which  such  con- 
viction is  had.  (Cd.  '81,  Sec.  3143.) 

200.  Double  Voting. 

If  any  person  who  shall  have  voted  in  any  such  election 
shall  offer  himself  a  second  time  as  a  voter  in  such  election,  he 
shall  be  deemed  and  taken  to  be  guilty  of  a  misdemeanor  and 
on  conviction  thereof  shall  be  punished  by  fine  or  imprison- 
ment at  hard  labor,  or  both  at  the  discretion  of  the  court,  be- 
fore which  such  conviction  shall  be  had :  Provided,  That  in 
no  case  shall  such  fine  exceed  the  sum  of  five  hundred  dollars, 
or  such  imprisonment  the  term  of  one  year.  (Cd.  ?81,  Sec. 
3144.) 

201.  Election  Officer  Electioneering. 

If  any  inspector,  judge  or  clerk  of  election  while  acting 
as  such,  shall  induce  or  attempt  to  induce  any  elector,  either 
by  menace  or  reward,  or  promise  thereof,  to  vote  differently 
from  what  such  elector  shall  intend  or  desire  to  vote,  such 


78  Election  Laws  of  the  State  of  Washington. 

person  so  offending  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  less  than  fifty  nor  more  than  five  hundred 
dollars.  (Cd.  '81,  Sec.  3145.) 

202.  Election  Officer  Prying  Into  Ballots. 

If  any  inspector,  judge  or  clerk  of  any  election  shall, 
previous  to  putting  the  ballot  of  any  elector  in  the  ballot  box, 
attempt  to  pry  into,  or  find  out,  any  name  or  names  on  such 
ballot,  which  shall  have  been  handed  in  by  said  elector  in  a 
folded  form,  or  if  any  inspector,  judge  or  clerk  of  any  election 
shall  open,  or  suffer  the  folded  ballot  of  any  elector  which  has 
been  handed  in  to  the  board  of  judges,  'by  any  elector,  with 
a  view  to  ascertain  the  name  of  any  person,  or  persons  for 
whom  such  elector  shall  have  voted  at  any  such  election,  or 
if  any  inspector,  judge  or  clerk  of  an  election,  without  the 
consent  of  the  elector,  shall  disclose  the  name  of  any  person 
or  persons  which  such  inspector,  judge  or  clerk  shall  have 
fraudulently  or  illegally  discovered  to  have  been  voted  for 
by  such  elector  at  any  election,  every  such  inspector,  judge  or 
•clerk  of  an  election  so  offending,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  less  than  fifty  nor  more  than  five 
hundred  dollars.  (Cd.  '81,  Sec.'  3146.) 

203.  Any  Violation  of  Law  a  Misdemeanor. 

If  the  secretary  of  the  territory,  or  any  inspector,  judge, 
board  of  judges,  board  of  county  commisisoners,  judge  of 
probate,  clerk  of  the  district  court,  county  auditor,  clerk  of 
probate  court  or  clerk  of  election  on  whom  any  duty  is  enjoined 
by  this  act,  shall  be  guilty  of  any  willful  neglect  of  such  duty, 
or  of  any  fraudulent  or  corrupt  conduct  in  the  execution  of 
any  such  duty,  he  or  they  so  offending  shall,  on  conviction 
thereof,  be  fined  in  any  sum  not  exceeding  two  thousand  dol- 
lars, to  which  may  be  added  imprisonment  in  the  county  jail 
not  exceeding  one  year.  (Cd.  '81,  Sec.  3147.) 

204.  Bribery  or  Influencing  Voter 

If  any  candidate  for  office,  in  any  election  as  hereafter 
mentioned,  under  the  laws  of  this  territory,  or  any  other  per- 


Election  Laws  of  the  State  of  Washington.  79 

son,  shall,  directly  or  indirectly  offer,  promise,  procure,  confer 
or  give  any  money,  property,  thing  in  action,  victuals,  drink, 
preferment,  or  other  consideration  or  valuable  thing,  by  way 
of  fee,  reward,  gift  or  gratuity,  for  giving  or  refusing  to  give 
any  vote  in  any  election  of  any  public  officer,  territory,  county, 
or  municipal  whatever,  or  ar>-  ^erson  who  shall  carry  voters 
to  any  polling  place,  by  wagon,  steamboat  or  otherwise,  for  the 
purpose  of  influencing  their  votes,  such  person  shall  be  deemed 
and  taken  to  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  be  punished  by  fine  or  imprisonment  or  both,  at  the 
discretion  of  the  court,  said  fine  not  to  exceed  one  thousand 
dollars,  nor  such  imprisonment  to  exceed  six  months,  and  fur- 
ther, such  person  shall,  on  such  conviction,  and  as  part  of 
the  judgment  of  the  court,  be  deprived  of  the  right  of  suf- 
frage, and  such  candidate  for  office  be  disqualified  to  hold  any 
office  to  which  he  was  elected  at  such  election,  and  further,  if 
any  person  shall  directly  or  indirectly  ask  for,  accept,  receive 
or  take  any  such  bribe,  or  the  promise  thereof,  by  giving  or 
refusing  to  give  his  vote  in  any  such  election,  he  shall  be 
deemed  guilty  of  a  misdemeanor  and  punished  with  the  like 
penalties  as  hereinbefore  prescribed.  (Cd.  '81,  Sec.  3148.) 

205.    Unlawful  Printing  or  Distributing  of  Official  Ballots. 

Any  printer,  business  manager  or  publisher  employed  by 
any  officer  authorized  by  the  laws  of  this  state  to  procure  the 
printing  of  any  official  ballot,  or  any  person  engaged  in  print- 
ing the  same  who  shall  appropriate  to  himself  or  give  or  de- 
liver or  knowingly  permit  to  be  taken  any  of  said  ballots  by 
any  other  person  than  such  officer  authorized  by  law  to  receive 
the  same,  or  shall  willfully  print  or  cause  to  be  printed  any 
official  ballot  in  any  other  form  than  that  prescribed  by  law 
or  as  directed  by  the  officer  so  authorized  to  procure  the  said 
printing,  or  with  any  other  names  thereon  or  with  the  names 
spelled  otherwise  than  as  directed  by  such  officer,  or  the  names 
or  printing  thereon  arranged  in  any  other  way  than  that  auth- 
orized and  directed  by  law,  shall  be  guilty  of  a  misdemeanor, 


80  Election  Laws  of  the  State  of  Washington. 

and  upon  conviction  thereof  shall  be  sentenced  to  pay  a  fine 
not  exceeding  one  thousand  dollars  nor  less  than  five  hundred 
dollars,  or  imprisonment  in  the  county  jail  for  a  term  not  ex- 
exceeding  one  year  nor  less  than  six  months,  or  both  at  the  dis- 
cretion of  the  court.  (L.  '93,  Sec.  4,  p.  274.) 

206.    Unlawful  Possession  or  Counterfeiting  of  Official  Ballots. 

Any  person  other  than  the  officer  charged  by  law  with  the 
care  of  ballots,  or  a  person  intrusted  by  any  such  officer  with 
the  care  of  the  same  for  the  purpose  required  by  law,  who  shall 
have  in  his  possession  outside  of  the  voting  room  any  official 
ballot,  or  any  person  who  shall  make  or  have  in  his  possession 
any  counterfeit  of  any  official  ballot,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  sentenced  to 
pay  a  fine  of  not  exceeding  one  thousand  dollars  nor  less  than 
five  hundred  dollars,  or  to  undergo  imprisonment  in  the  county 
jail  for  a  term  not  less  than  six  months  or  more  than  one  year, 
or  both  at  the  discretion  of  the  court.  (L.  '93,  Sec.  2,  p. 
274.) 


CERTIFICATE  OF  SECRETARY  OF  STATE. 


UNITED  STATES  OF  AMERICA. 

STATE    OF    WASHINGTON. 

OFFICE    OF 
SECRETARY    OF    STATE. 

I,  Sam  H.  Nichols,  Secretary  of  State  of  the  State  of 
Washington,  do  hereby  certify  that  the  within  and  foregoing 
contains  all  the  existing  laws  of  the  State  of  Washington  rela- 
tive to  elections,  as  amended  to  date. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
affixed  hereto  the  seal  of  the  State  of  Washington.  Done  at 
Olympia  this  first  day  of  November,  A.  D.  1905. 

[SEAL  OF  STATE.]  SAM  H.  NICHOLS, 

Secretary  of  State. 


INDEX. 


A 

APPEALS — ( See  also  CONTESTS  ) :  Par.       Pagt . 

To  Supreme  Court— how  taken 104  43 

B 

BALLOTS  — ( See  also  CANDIDATES  and  VOTES  ) : 

How  printed  and  distributed 22  9 

"Stickers,"  for  filling  vacancies 34  15 

County  Commissioners  to  provide 36  16 

What  to  contain  — printing  of,  etc 38  17 

Form  of 19 

Number  of  for  each  precinct 40  20 

Surplus  —  destruction  of 41  20 

Errors  or  omissions  in  — how  cured 42  20 

Delivery  of  to  electors  — by  whom 45  22 

Spoiled— voter  to  receive  another 48  24 

What  void  and  not  to  be  counted 51  26 

Manner  of  voting  by 61  29 

Preservat  ion  of  —  when  rejected , 62  29 

Number  of  —  for  each  precinct 132  51 

For  primary  elections 161  63 

Boxes  for  — rules  governing  same 164  63 

Of  primary  elections  — filed  with  county  clerk 167  64 

What  to  contain— in  primary  elections 183  72 

Equalization  of —  with  poll  lists 186  73 

Counting  of— how  to  be  conducted 188  74 

Unlawful  printing  or  distribution 205  79 

Unlawful  possession  or  counterfeiting  of 206  80 

BOOTHS: 

One  person  to  occupy  at  a  time , 47  24 

Destruction  of  supplies  of,  etc. —  how  punished 53  26 

C 

CANDIDATES— (See  NOMINATIONS ) : 

How  nominated 23  9 

How  nominated  otherwise  than  by  primary 26  11 

Nominations  of— how  certified 24  10 

When  to  be  nominated 126  50 

Appointment  of  —  how  effected 127  50 

CERTIFICATES  OF  ELECTION: 

County  Auditor  to  issue  —  to  whom 80  86 

Informality  not  to  deter  issuance  of 86  38 

To  become  void  when 105  43 

CHALLENGES: 

By  legal  voters  or  election  officers 63  30 

On  ground  of  infamous  crime 68  32 


82  INDEX. 

CITIES  AND  TOWNS:  Par.    Page. 

Primary  elections  in— (See  PRIM  ART  ELECTIONS) 61 

CLERKS— (See  also  COUNTY  CLERKS)  : 

Oath  of  office  of— form,  etc 19  8 

Appointment  of— at  elections... 15  7 

Qualifications  of— in  primary  elections 160  62 

To  keep  and  return  tally  lists 163  63 

To  keep  poll  list  and  record  of  challenges 178-9  71 

To  attest  judges'  signatures  to  poll  lists 187  73 

Each  one  must  keep  tally  as  counted 189  74 

CONTESTS— ( See  also  ELECTIONS)  : 

Who  may  contest  elections 93  40 

Statement  of  contestant 94  40 

Sufficiency  of  testimony  in 95  41 

Statements  of  cause  not  to  be  rejected 96  41 

Trials  of 97  42 

Citation  and  service 98  42 

Witnesses  in  —  how  summoned 99  42 

Hearings  of  —  when  and  how  held 100  42 

Who  may  be  declared  elected  in  101  43 

Costs — how  awarded  on  confirmation 102  43 

Costs  —  how  awarded  when  election  annulled 103  43 

Appeals  —  how  taken 104  43 

Of  elections  of  legislative  members 106  44 

Statement  of  contestant— where  filed 107  44 

Requisites  of  notice  of —how  served 109  44 

Compulsory  attendance  of  witnesses  in Ill  45 

Trials  of —by  House  and  Senate 118  46 

Depositions  may  be  taken  after  notice  of 119  47 

COUNTY  ATTORNEYS: 

To  present  all  violations  to  proper  jury 130  51 

COUNTY  AUDITORS: 

Duties  of,  as  to  elections 28  12 

To  print  ballots,  when 39  20 

To  furnish  ballots  before  polls  open 43  21 

To  furnish  poll  books 60  29 

Delivery  of  election  returns  to 76  34 

To  canvass  votes  —  when 77  34 

Procedure  —  when  same  are  to  be  elected 82  36 

Duties  of  relative  to  election  returns 84 

Must  transmit  certified  copy  of  abstract  of  vote 85  38 

COUNTY  BOARD  OF  CANVASSERS: 

Of  whom  comprised 78  35 

Vacancies  in  —  how  filled 79  35 

COUNTY  CLERKS: 

To  issue  citations  in  contests 98  42 

To  summon  witnesses  in  contests 99  42 

To  issue  commission  to  take  depositions  in  legislative  contests 108  44 

Return  of  notice  to,  by  Sheriff 110  45 

To  appoint  justice  of  the  peace  — when 114  46 

To  transmit  contest  proceedings  to  Secretary  of  State 116  46 

COUNTY  COMMISSIONERS  : 

To  appoint  election  officers 14  6 

To  provide  election  ballots 36  16 

To  appoint  officers  for  special  elections 128  50 


INDEX.  33 

CRIME  —  (  See  also  FRAUD  ) :  Par.    Page. 

When  deemed  infamous 5  4 

Infamous,  challenges  on  grounds  of 68  32 

At  elections — by  intimidation  or  fraud 1%  76 

D 

DELEGATES : 

Qualifications  of 158  62 

Number  of  voted  for 159  62 

DEPOSITIONS  —  (See  WITNESSES  ) : 

Legislature  may  authorize  taking  of.'. 120  47 

Of  witnesses 112  45 

May  be  taken,  when 119  47 

E 

ELECTIONS— (See  ELECTIONEERING;  PRIMARY  ELECTIONS): 

Time  and  manner  of  holding 4 

Of  presidential  electors 6  4 

Biennial  — when  held 10  5 

Special  — defined 11  5 

Proclamation  of— by  Governor 12  6 

Form  of  notice  of — 13  6 

Exceptions,  as  to  certain  officers 37  16 

Laws  of,  distribution  of 56  28 

Returns  of —  how  made., 75  34 

Returns  of  affecting  district  officers 83  36 

Returns  of  to  be  delivered  to  County  Auditor 76  34 

Tie  votes  — how  decided 81  36 

Returns  to  be  transmitted  by  register  mail 87  38 

Special  —  to  decide  tie  votes 88  39 

Contests  of—  causes  for 89  39 

Of  county  officers  —  how  annulled 91  40 

May  be  set  aside  —  when  and  for  what 92  40 

Who  may  contest    ( see  CONTESTS  ) 93  40 

Of  members  of  legislature  — how  contested 106  44 

To  fill  legislative  vacancies 121  47 

Notice  of —how  and  by  whom  given 123-4  48-9 

Any  violation  of  laws  of,  a  misdemeanor 203  78 

ELECTION  OFFICERS— (See  CLERKS,  INSPECTORS  AND  JUDGES): 

Appointment  of  by  county  commissioners 14  6 

Oath  of  —  how  administered 16 

"  Electioneering  "  by  prohibited  on  election  day 55  27 

May  challenge  voters 63  30 

Duties  of  —  in  cases  of  challenge 64  30 

Duties  of  as  to  ballots  in  primary  elections 191 

Of  special  elections  —  how  chosen 128  50 

Fees  and  mileage  of —  enumerated 131  51 

Neglect  or  refusal  of  to  perform  duty 150 

Prying  into  ballots  by —penalty  therefor 202 

ELECTIONEERING  : 

By  election  officers  prohibited 55 

By  Election  officers  prohibited 201 

Within  polling  place  prohibited 55 


84  INDEX. 

ELECTORS— (See  PRESIDENTIAL  ELECTORS  AND  REGISTRATION):               Par.  Page. 

Qualifications  of. 1  3 

Qualifications  of  in  primary  elections 157  62 

Residents  — who  are 2  3 

Who  are  qualified  as 3  3 

Absence  of,  on  business 4  4 

Delivery  of  ballots  to  —  by  whom 45  22 

Preparation  of  ballots  by 46 

Occupation  of  booths  by  —  restricted 47  24 

Illiterate  or  disabled  —  assistance  to 49  24 

Printed  instructions  to  —  posting  of 50  25 

Challenging  — by  whom 63  30 

Rejection  of  votes  of — when 65  31 

When  challenged  to  be  sworn 66  31 

When  challenged  may  vote  —  how 67  31 

When  challenged  on  ground  of  infamous  crime 68  32 

Registration  of  — (  See  REGISTRATION) 125  49 

Bribing  or  intimidation  of  —  penalty 129  50 

Bribing  or  influencing  of  — penalty 204 

Cannot  vote  unless  registered 145  58 

Li&t  of — for  primary  elections 162  63 

Penalty  for  violations  by 170  65 

May  vote  only  when  qualified 193 

F 
FEES: 

To  be  allowed  sheriff  and  justices  —  in  contests 115  46 

FELONY— ( See  FRAUD  and  CRIME ) : 

FRAUD: 

As  to  ballots,  etc..  a  felony 52  26 

In  primary  elections  —  penalty 177  70 

On  illiterate  voter —  penalty 197  76 

By  deceit—  causing  wrong  votes 198  77 

>       I 

INSPECTORS: 

Oath  of  office  of 17  7 

To  be  chairman  of  election  board 21  9 

To  provide  polling  place  — divide  precincts,  etc 44  21 

J 
JUDGES: 

Oaths  of— form,  etc 18  8 

Malconduct  of,  when  sufficient  to  annul  election 90  39 

Must  mark  names  and  return  poll  list  after  election 149  59 

Qualifications  of,  in  primary  elections 160  62 

Of  primary  elections,  to  take  oath 175  C7 

Of  primaay  elections,  duties  of 176  68 

Duties  of —  as  to  ballot  boxes 182  72 

Must  sign  poll  lists 187  73 

Must  sign  tally  lists 190  74 

L 
LEGISLATURE  : 

Trials  of  contests  by 118  46 

May  authorize  taking  of  depositions 120  47 

Vacancies  in  — filled  by  election. ..                                                              .    122  48 


INDEX.  85 

N 


NOMINATIONS  : 

How  certified 24  10 

Certificates  of—  where  filed 25  10 

Certificates  of —  when  to  be  filed 29  12 

Other  than  by  convention  or  primaries 26  11 

Restricted  —  to  what  extent 27  11 

Publication  of  —  when 31  13 

Void,  if  declined  in  writing 32  14 

For  vacancies 33  14 

Fraud  in  certificates  of,  a  felony 52  26 

When  to  be  made  to  fill  vacancy  in  legislature 126  50 

O 

OATHS  or  OFFICE  : 

Of  election  officers 16  7 

Of  election  inspectors 17  7 

Of  election  judges 18  8 

Of  election  clerks 19  8 

To  be  certified  —  by  whom 20  8 

Of  judges  of  primary  elections 175  67 

Who  may  administer  and  certify 181  72 

P 

PERSONS  : 

Penalty  for  violation  of  act  by 170  65 

May  vote  only  when  qualified  as  electors 193-4  75 

POLLS— (See  POLL,  BOOKS  AND  POLLING  PLACE): 

Poll  lists  —  how  kept 62  29 

Form  of  —  to  be  kept  by  clerks 180  71 

POLL  BOOKS : 

County  auditors  to  furnish  same 60  29 

When  to  be  closed  —  notice  of  closing 142  55 

Change  of  residence  to  be  noted  on 147  58 

POLLING  PLACE  : 

Opening  and  closing  of 57  28 

Exception,  when  no  .electors  present 58  28 

Judges  to  proclaim  opening  of » 59  29 

Electioneering  in  —  prohibited 55  27 

Closing  of,  by  proclamation 69  32 

Opening  and  closing  of,  in  primary  elections 165  63 

Opening  and  closing  of,  in  primary  elections 183-4  72-3 

PRESIDENTIAL  ELECTORS  : 

Election  of 6  4 

When  to  meet,  etc 8  4 

Compensation  of 9  5 

PRIMARY  ELECTIONS  : 

Act  governing,  in  cities  and  towns 153  61 

How  and  by  whom  called 154  61 

Publication  of  notice  of 155  61 

Resolutions  for— what  to  contain 156  61 

Qualification  of  voters  in 157  62 

Falsifying  returns  of —  penalty 168  64 

Fraudulent  voting  at,  penalty 169  64 


86  INDEX. 

PRIMARY  ELECTIONS— Continued:  Par.    Page. 

How  regulated 171  66 

Resolutions  pertaining  to  —  form,  etc 172-3  66 

Publication  of  notice  of 174  67 

Fraud,  bribery,  etc.,  in— how  punished 177  70 

Violation  of  law  of  a  misdemeanor 195  75 

PROBATE  JUDGE  : 

To  examine  returns  when  county  auditor  is  to  be  elected 82  36 

PUBLIC  OFFICERS  : 

Duty  of  at  elections 54  26 

R 
REGISTRATION  : 

Of  voters  —  who  are  entitled  to  vote 125  49 

When  to  be  held  in  cities 133  52 

In  precincts  overlapping  corporate  boundaries 134-5  52 

Time,  manner  and  expense  of  135-6  52 

Books  of  —  to  be  opened  by  mayor 138  53 

Poll  books  of —  where  to  be  kept 139  53 

Effect  of  as  evidence  of  right  to  vote 140  54 

Notice  of  to  be  published 141  55 

Form  of —  arrangement  of  books 143  56 

In  person,  by  voters 144 

Officer  of  to  administer  oaths 146  58 

Officer  of  to  prepare  certified  copies  of  poll  books  for  voting  precincts.  148  59 

False  or  fraudulent  — penalty  for 151  60 

How  far  act  governing  is  applicable  152  60 

S 
SECRETARY  OF  STATE  : 

Duty  of  —  relative  to  elections 28  12 

Certificates  of  nomination  to  be  filed  with 29  12 

To  certify  names  of  nominees  —  when 30  13 

To  distribute  election  laws 56  28 

Duty  of  relative  to  election  returns 84  37 

Proceedings  of  contests  to  be  transmitted  to 116  46 

Duty  of  in  contested  legislative  elections 117  46 

SHERIFFS  : 

Duty  of,  in  contested  elections 110  45 

Fees  allowed,  in  contested  elections 115  46 

T 
TALLY  LIST: 

Clerks  to  keep  and  return  same 163  63 

Filing  with  county  clerks 167  64 

Form  of  — to  be  kept  by  clerk 180  71 

To  be  signed  by  judges 190  74 

V 

VACANCIES: 

Nominations  for  filling 33  14 

"  Stickers  "  to  be  used  — in  filling 34  15 

VOTERS— (See  ELECTORS  ) : 


INDEX.  87 

VOTES— (See  also  BALLOTS  and  VOTING)  :  Par.  Page 

How  canvassed,  returned,  etc 7  4 

Counting  of,  declaring  result,  etc 70  32 

Counting  of  to  be  public 71  32 

Tally  of  —  to  be  kept  by  clerks 72  33 

When  to  be  rejected 73  33 

Disposition  of 74  33 

Canvass  of  —  by  county  a  uditor 77  36 

Canvass  of  in  primary  elections 166  64 

VOTING: 

Fraudulent— penalty  therefor 199 

Double  penalty  therefor 200 

For  wrong  person,  caused  by  deceit  — penalty 198  77 

W 

WITNESSES  : 

Summoning  of  i  n  contest  cases 99  42 

Compulsory  attendance  of  in  contest  cases Ill  45 

Depositions  of  in  contest  cases 112  45 

Examination  of  may  be  continued 113  45 


257175 


